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Muharbi vs State Of Haryana on 16 August, 2017


Criminal Misc. M- No. 30479 of 2016 (OM)
Date of decision : August 16, 2017

Muharbi …..Petitioner


State of Haryana ….Respondent


Present: Mr. Rajesh Lamba, Advocate
for the petitioner.

Mr. Sanjay K. Saini, AAG, Haryana.



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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19-08-2017 14:25:51 :::
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

Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

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