IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Date of decision: 01.08.2018
Krishan Murari Joshi
State of Punjab
CORAM: HON’BLE MS. JUSTICE JAISHREE THAKUR
Present: Mr. P.S. Ahluwalia, Advocate,
for the petitioner.
Ms. Seena Mand, DAG, Punjab.
Mr. Ramesh Chand Sharma, Advocate,
for the complainant.
JAISHREE THAKUR, J. (ORAL)
This is a petition that has been filed under Section 439 Cr.P.C.
for grant of regular bail to the petitioner in case FIR No.149 dated
23.08.2017 under Sections 406/ 498A IPC and Section 306 IPC has been
added later on, registered at Police Station Mehatpur, District Jalandhar.
Learned counsel appearing on behalf of the petitioner would
contend that the deceased left the matrimonial home on 23.05.2017 and was
residing with her parents till the date she died i.e. 27.08.2017. A reading of
the initial DDR as got registered by the brother of the deceased would show
that she got upset on receiving divorce papers and “consumed something”.
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It is contended that offence under Section 306 IPC would not be made out
while also arguing that an incomplete challan has been put up since the
viscera report has not been received so far. The petitioner herein has been in
custody since 27.03.2018 and the trial is likely to take some time. In this
background, he prays for grant of bail to the petitioner.
Ms. Seena Mand, learned DAG, Punjab as well as learned
counsel appearing on behalf of the complainant opposed the grant of regular
bail while submitting that the allegations are serious in nature.
I have heard learned counsel for the parties. In view of the fact
that the petitioner herein has been incarcerated since 27.03.2018 and
incomplete challan has been presented in the Court (since the viscera report
has not been received so far), the trial is likely to take some time to
conclude , the present petition is allowed. Without expressing any opinion
on merits of the case, the petitioner is ordered to be released on regular bail
on furnishing bail bonds and surety bonds to the satisfaction of Chief
Judicial Magistrate/Duty Magistrate, concerned subject to following terms:-
(i) The petitioner shall comply with the conditions
mentioned in Section 437(3) Cr.P.C.
(ii) In the event of his absence on any date of hearing,
the benefit of bail allowed to the petitioner shall stand
withdrawn. The trial Court shall be competent to cancel
his bail bond and surety bond and proceed to procure his
presence in accordance with law. In that eventuality the
accused shall have to apply for bail afresh before the trial
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(iii) He shall not leave the country without the previous
permission of the Court.
01.08.2018 (JAISHREE THAKUR)
Whether speaking/reasoned Yes.
Whether reportable No.
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