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2014 DIGILAW 1067 (PNJ)

Santosh v. State of Haryana

2014-07-16

MEHINDER SINGH SULLAR

body2014
JUDGMENT Mr. Mehinder Singh Sullar, J.: (Oral) - Petitioner-Santosh wife of Birma, has directed the instant petition for the grant of regular bail, in a case registered against her along with her other main co-accused Jatinder and Birma etc., vide FIR No.456 dated 17.11.2011, on accusation of having committed the offences punishable under Sections 302, 307, 341, 323, 148 and 149 IPC, by the police of Police Station Gharaunda, District Karnal. 2. Notice of the petition was issued to the State. 3. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after deep consideration of the entire matter, to my mind, the present petition for regular bail deserves to be accepted in this context. 4. The epitome of the prosecution version is that on 16.11.2011, some quarrel had taken place between the complainant-party and the accused-party. The only allegations assigned to the present petitioner are that she caught hold of Anita from her hairs, whereas her other co-accused caused fatal injuries. No other specific role or particular injury is attributed to her. All the fatal injuries are assigned to main accused Jatinder and Birma etc.(non-petitioners). In that eventuality, the possibility of false implication of the petitioner, cannot be ruled out at this stage. Moreover, as to whether the provision of vicarious liability as contemplated under Section 149 IPC is attracted to the facts of the present case against the petitioner or not, inter alia, would be a moot point to be decided during the course of trial by the trial Court. 5. Be that as it may, the petitioner, who is a lady, was arrested on 24.12.2011. Since then she is in judicial custody and no useful purpose would be served to further detain her in jail. There is no history of her previous involvement in any other criminal case. The conclusion of trial will naturally take a long time. 6. In the light of aforesaid reasons, taking into consideration the totality of facts & circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial, the instant petition for regular bail is hereby accepted. The petitioner is ordered to be released on bail on her furnishing adequate bail bonds and surety bonds to the satisfaction of the trial Court. The petitioner is ordered to be released on bail on her furnishing adequate bail bonds and surety bonds to the satisfaction of the trial Court. Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits in the trial of the case, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail. ---------0.B.S.0------------ —————————