IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-26969-2018
Date of decision: 01.08.2018
Varun Rohilla
…Petitioner
Versus
State of Punjab
…Respondent
CORAM: HON’BLE MS. JUSTICE JAISHREE THAKUR
Present: Mr. Harsh Aggarwal, Advocate,
for the petitioner.
Ms. Seena Mand, DAG, Punjab.
Mr. K.B. Raheja, Advocate,
for the complainant.
****
JAISHREE THAKUR, J. (ORAL)
This is a petition that has been filed under Section 439 Cr.P.C.
for grant of regular bail to the petitioner in case FIR No. 90 dated
06.08.2017 under Sections 406/ 498A IPC, registered at Police Station City-
2, Abohar, Punjab.
Learned counsel appearing on behalf of the petitioner would
contend that the deceased in fact died of blood cancer. She was residing in
her parental home since September, 2016 and thereafter got admitted at
AIIMS, New Delhi on 15.02.2017 and expired on 14.03.2017. It is
contended that there have been major improvements in the statements that
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have been initially recorded in the FIR, which was under Sections 406
498-A IPC wherein there was no mention that she was given any poison.
Learned counsel appearing on behalf of the complainant
submits that the deceased had been subjected to torture and as per the
statement dated 03.08.2017 which was recorded by the police 10 days prior
to her death, the deceased had categorically stated that she has been
poisoned.
Learned counsel appearing on behalf of the respondent-State
submits that a question has been posed to the Medical Board as to whether
poisoning could be the cause of blood cancer and the report is still awaited.
I have heard learned counsel for the petitioner as well as
counsel appearing on behalf of the respondent-State and the complainant.
A perusal of the FIR does not reveal that the deceased had
stated that she had been poisoned. In the said statement, she has recognized
the fact that she has blood cancer. The viscera report is still awaited and
challan has not been presented so far.
As informed by the counsel for the respondent-State a request
has been sent to the Medical Board posing a question “What could be the
cause of blood cancer?” Let answer be supplied positively within a period
of two weeks as well as a report on the viscera sent to it as far back as in
March, 2017. Let this matter be treated as some degree of urgency.
The trial is likely to take some to conclude since the challan has
not been presented so far and the fact that the viscera report is still awaited.
Without expressing any opinion on merits of the case, the petitioner is
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ordered to be released on interim bail on furnishing bail bonds in the sum of
` 5,00,000/- with one surety in the like amount to the satisfaction of Chief
Judicial Magistrate/Duty Magistrate, concerned subject to following terms:-
(i) The petitioner shall comply with the conditions
mentioned in Section 437(3) Cr.P.C.
(ii) In the event of his absence on any date of hearing,
the benefit of bail allowed to the petitioner shall stand
withdrawn. The trial Court shall be competent to cancel
his bail bond and surety bond and proceed to procure his
presence in accordance with law. In that eventuality the
accused shall have to apply for bail afresh before the trial
Court.
(iii) He shall not leave the country without the previous
permission of the Court.
Adjourned to 28.08.2018.
01.08.2018 (JAISHREE THAKUR)
Satyawan JUDGE
Whether speaking/reasoned Yes.
Whether reportable No.
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