CRM No.M-41935 of 2016 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M- 41935 of 2016(OM) Date of Decision: March 15 , 2017. Satyawan ...... PETITIONER (s) Versus State of Haryana ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL Present: Mr. Sanjeev Kodan, Advocate for the petitioner. Mr. Anmol Malik, AAG, Haryana. ***** LISA GILL, J.
The petitioner prays for bail pending trial in FIR No.0514 dated
14.06.2016 under Sections 304B/34/498A IPC registered at Police Station
Jhajjar, District Jhajjar.
It is submitted that petitioner is the father-in-law of the deceased.
There is no specific allegation against the petitioner to attract the offences
punishable under Sections 304B/34/498A IPC. It is argued that present is, in
fact, a case of accidental death due to electrocution when the deceased was
hanging a wet piece of cloth on an iron wire in the open compound of the
house. Reference is made to the report Ex.PW1/A submitted by the Senior
Scientific Assistant. It has come on record that it had rained in the morning of
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the day of occurrence and the Kutcha floor was wet. It is further submitted
that there is no instance of any complaint whatsoever which may have been
raised against the petitioner since marriage of the deceased with the petitioner’s
son, which was solemnized about two years prior to the alleged incident. The
deceased was living happily in her matrimonial home alongwith the minor
child and there was no dispute between the parties. It is thus prayed that this
petition be allowed.
Learned counsel for the State, on instructions from ASI Ranbir
Singh, has opposed this petition while submitting that clear allegations are
levelled against all the accused persons. The petitioner’s daughter-in-law had
died an unnatural death within seven years of her marriage.
Heard learned counsel for the parties.
It is not denied that the petitioner is in custody since 14.07.2016.
No recoveries are to be effected from him. It is also not denied that the
complainant did not turn up for testifying before the court on 08.03.2017. The
trial is not likely to conclude in the near future as only one witness out of
sixteen has been examined so far.
There are no allegations on behalf of the State that the petitioner is
likely to abscond or that he is likely to dissuade the other witnesses from
deposing true facts in the Court, if released on bail.
Keeping in view the facts and circumstances but without
commenting upon or expressing any opinion on the merits of the case, this
petition filed by Satyawan is allowed. The petitioner shall be released on bail
pending trial subject to his furnishing requisite bail bonds and surety bonds to
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the satisfaction of the learned Trial Court.
It is clarified that none of the observations made hereinabove shall
be construed to be a reflection on the merits of the case and the same are
confined for the purpose of decision of the present petition only.
( LISA GILL )
March 15 , 2017. JUDGE
'om'
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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