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Satyawan vs State Of Haryana on 15 March, 2017

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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CRM No.M-41935 of 2016 [2]

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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CRM No.M-41935 of 2016 [3]

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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