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Subhash Chander vs State Of Haryana on 9 February, 2018

CRM No.M-38427 of 2017
-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No.M- 38427 of 2017(OM)
Date of Decision: February 09 , 2018.

Subhash Chander …… PETITIONER (s)

Versus

State of Haryana …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Jagmeet Singh Moudgill, Advocate
for the petitioner.

Mr. Ramesh Kumar Ambavta, AAG, Haryana.

Mr. Nonish Kumar, Advocate
for the complainant.
*****
1. Whether reporters of local papers may be allowed to see
the judgment?
2. To be referred to the reporters or not?
3. Whether the judgment should be reported in the digest?
*****

LISA GILL, J.

The petitioner prays for bail pending trial in FIR No.237 dated

02.07.2017 under Sections 323/328/498A/34 IPC (Section 307 IPC has been

added subsequently), registered at Police Station Pundri, District Kaithal.

It is submitted that the petitioner has been falsely implicated in this

case due to an apprehension in the mind of the complainant that the petitioner

had illicit relations with his own sister-in-law (Bhabhi). No offence, it is

submitted, punishable under Sections 307/323/328/498A/34 IPC is made out

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CRM No.M-38427 of 2017
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against the petitioner. No allegation of any demand of dowry whatsoever is

raised in the FIR. In respect to the allegations of poisoning the complainant, it is

submitted that the complainant was admitted at PGI, Chandigarh on 29.06.2017

and was discharged on 01.07.2017. However, her statement was not recorded at

PGI, Chandigarh, but much later on 02.07.2017. This fact by itself casts a

shadow on the veracity of the prosecution version. Moreover, the petitioner has

been in custody for over four months. The petitioner is ready and willing to

resolve the entire dispute in an amicable manner. Mediation was conducted

before the Mediation and Conciliation Centre of this Court pursuant to interim

bail granted to the petitioner, but no fruitful conclusion could be arrived at. The

petitioner thereafter has surrendered on 30.01.2018 and is in custody since then.

The petitioner undertakes to face trial and not abuse the concession of bail, if

afforded to him. It is thus prayed that this petition be allowed.

Learned counsel for the complainant as well as the State have

opposed this petition while submitting that specific allegations have been raised

against the petitioner. However, it is not denied that the statement of the

complainant was not recorded when she was admitted in PGI, Chandigarh.

Charge in this case has been framed. The petitioner is not reported to be

involved in any other criminal case. Trial in this case is not likely to conclude in

the near future.

There are no allegations on behalf of the State that the petitioner is

likely to abscond or that he is likely to dissuade the witnesses from deposing true

facts before the Court, if released on bail.

Keeping in view the facts and circumstances of the case but without

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CRM No.M-38427 of 2017
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commenting upon or expressing any opinion on the merits thereof, this petition is

allowed. The petitioner be released on bail pending trial subject to his furnishing

requisite bail bonds and surety to 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. The same are solely

confined for the purpose of decision of the present petition.

( LISA GILL )
February 09 , 2018. JUDGE
‘om’

Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No

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