CRM No.M-31708 of 2017(OM)
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No.M- 31708 of 2017(OM)
Date of Decision: November 16 , 2017.
Usha …… PETITIONER (s)
Versus
State of Haryana …… RESPONDENT (s)
CORAM:- HON’BLE MRS.JUSTICE LISA GILL
Present: Mr. Vikas Bhardwaj, Advocate
for the petitioner.
Mr. Anmol Malik, AAG, Haryana.
*****
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.
CRM No.36667 of 2017
Annexure P3 (collectively) reflecting the medical condition of the
petitioner is taken on record subject to just exceptions.
CRM is disposed of.
CRM No.M-31708 of 2017
The petitioner prays for bail pending trial in FIR No.169 dated
27.03.2017 under Sections 498A/304B/34 IPC registered at Police Station City
Rohtak, District Rohtak.
1 of 3
21-11-2017 05:13:36 :::
CRM No.M-31708 of 2017(OM)
-2-
Petitioner is the mother-in-law of the deceased. It is submitted that
she has been falsely implicated in this case only due to her relationship with the
deceased. No specific allegation has been raised against her in the FIR. It is
further submitted that the petitioner is suffering from various ailments including
unstable Angina. She has been receiving psychiatric treatment since the year
2010. Reference is made to Annexure P3 (collectively) reflecting the medical
condition of the petitioner. Learned counsel for the petitioner points out that the
complainant in this case is not coming forward to depose before the learned trial
court. In this view of the matter, it is prayed that this petition be allowed.
Learned counsel for the State, on instructions from ASI Sumit
Kumar, informs that the complainant – Bijender as well as witnesses Chand and
Jagdish were not available to testify before the learned trial court. They have
now been summoned through bailable warrants.
A perusal of affidavit dated 25.10.2017 filed by Mr. Tej Singh,
Deputy Superintendent, District Jail, Rohtak reflects that the petitioner is indeed
suffering from cardiac as well as psychiatric problem. The petitioner is not
reported to be involved in any other criminal case. She is in custody since
18.04.2017. 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 she is likely to dissuade the witnesses from deposing
true facts before the Court, if released on bail.
Keeping in view the facts and circumstances as above but without
commenting upon or expressing any opinion on the merits of the case, this
petition filed by Usha is allowed. The petitioner be released on bail pending trial
2 of 3
21-11-2017 05:13:37 :::
CRM No.M-31708 of 2017(OM)
-3-
subject to her 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 )
November 16 , 2017. JUDGE
‘om’
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
3 of 3
21-11-2017 05:13:37 :::