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Judgments of Supreme Court of India and High Courts

Krishan Murari Joshi vs State Of Punjab on 1 August, 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

CRM-M-20083-2018
Date of decision: 01.08.2018

Krishan Murari Joshi

…Petitioner

Versus

State of Punjab
…Respondent

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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CRM-M-20083-2018 -2-

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

Court.

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(iii) He shall not leave the country without the previous

permission of the Court.

01.08.2018 (JAISHREE THAKUR)
Satyawan JUDGE
Whether speaking/reasoned Yes.
Whether reportable No.

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