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2014 DIGILAW 729 (PNJ)

Sheela v. State of Haryana

2014-04-23

MEHINDER SINGH SULLAR

body2014
JUDGMENT Mr. Mehinder Singh Sullar, J. (Oral):- Petitioner-Smt.Sheela wife of Ram Mehar, (unfortunate mother-in-law), has directed the instant petition for the grant of regular bail, invoking the provisions of Section 439 Cr.P.C., in a case registered against her along with her husband & other co-accused, Ram Mehar (father-in-law), sons Anil Kumar(husband) and Sunil(juvenile brother-inlaw) of deceased-Jyoti and Dr.Ajmer Singh, vide FIR No.690 dated 27.08.2013, on accusation of having committed the offences punishable under Sections 306/34 IPC, by the police of Police Station City Jind. 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 help 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. As is evident from the record that, the marriage of Jyoti was solemnized with main accused Anil Kumar on 10.03.2012, according to Hindu Rites and Ceremonies. They were unable to reside together on account of their temperamental differences. Indisputably, the deceased had left her matrimonial home on 29.06.2012. She lodged a criminal case against the accused, for the commission of offences punishable under Sections 323, 406, 498-A & 506 IPC on 09.02.2013. She was residing with her parents since 29.06.2012, till she committed suicide on 27.08.2013 in her parental house. In that eventuality, as to whether the penal provision of Section 306 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 being a lady and mother-in-law of the deceased was arrested on 19.09.2013. 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. Since, even not a single witness has yet been examined by the prosecution, so, the conclusion of trial will naturally take a long time. 6. 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. Since, even not a single witness has yet been examined by the prosecution, so, the conclusion of trial will naturally take a long time. 6. In the light of aforesaid reasons, taking into consideration the totality of facts and 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. Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits of the case, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail. ————————