206 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. M- No. 30479 of 2016 (OM)
Date of decision : August 16, 2017
Muharbi …..Petitioner
Versus
State of Haryana ….Respondent
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. Rajesh Lamba, Advocate
for the petitioner.
Mr. Sanjay K. Saini, AAG, Haryana.
***
LISA GILL, J.
The petitioner, who is the mother-in-law of the complainant,
seeks the concession of anticipatory bail in FIR No. 121 dated 07.07.2014
registered under Sections 498A, 406, 323, 506, 494, 120B IPC (Sections
376, 316 IPC deleted) at Police Station Hassanpur, District Palwal.
It is submitted that the final report under Section 173 Cr.P.C.
was filed under Sections 498A, 406, 506, 316, 323, 494, 120B IPC. Initially,
the petitioner was afforded the concession of bail and she was regularly
appearing before the learned trial Court. However, she was absent on
27.05.2016 due to circumstances beyond her control and non bailable
warrants were issued against her. It is submitted that the petitioner has
appeared before the learned trial Court pursuant to order dated 01.09.2016
passed by this Court. The petitioner further undertakes to appear on each
and every date fixed before the learned trial Court. She is not involved in
any other criminal case. It is, thus, prayed that this petition be allowed.
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Criminal Misc. M- No. 30479 of 2016 (OM) -2-
Learned counsel for the State, on instructions from HC Nepal
Singh, verifies that the petitioner has appeared before the learned trial Court
pursuant to interim order passed by this Court. Allegations attracting the
rigours of Section 376 IPC (again added later qua the co-accused) are not
against the present petitioner.
There are no allegations on behalf of the State that the
petitioner is likely to abscond or that she is likely to dissuade the
witnesses from deposing true facts in the Court, if released on bail.
Keeping in view the facts and circumstances noted above but
without expressing any opinion on the merits of case, it is considered just
and expedient to allow this petition. Accordingly, interim bail afforded to
the petitioner pursuant to order dated 01.09.2016 be made absolute subject
to her furnishing fresh bail bonds and surety to the satisfaction of the
learned trial Court.
(Lisa Gill)
August 16, 2017 Judge
rts
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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