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2018 DIGILAW 2617 (PNJ)

Pawan v. State of Haryana

2018-06-18

AMIT RAWAL

body2018
JUDGMENT Mr. Amit Rawal J. (Oral) : The prayer in the petition is for grant of regular bail to the petitioner, who has been in custody since 06.04.2018 in respect of FIR bearing No.142 dated 04.04.2018 registered under Section 306, 34 IPC with Police Station Rai, District Sonepat lodged at the instance of the complainant/father-in-law i.e. father of the wife, who has committed suicide by consuming poisonous substance. 2. Learned counsel appearing for the petitioner submitted that the marriage between the petitioner and deceased-Nuja was solemnized in 2005 and out of the wedlock, three children aged 13 years, 10 years and 3 years were born. No allegation of any overt act was levelled against the petitioner during all this period. The FIR has been lodged is only an outburst and the challan in the aforementioned case has already been filed. 3. Mr. Rajesh Gaur, Addl. A.G., Haryana on instructions from ASI Ramesh Kumar submitted that there is no dispute to the factum of filing of challan but submitted that the case is slated for framing of charges before the trial Court on 20.07.2018. 4. I have heard learned counsel for the parties and appraised the paper book. Without commenting upon merits and demerits of the case, I am of the view that no useful purpose would be served by keeping the petitioner behind bars, for, the marriage was solemnized 13 years back and it is yet to be proved whether the suicide was caused by the wife on account of abatement by the petitioner-husband as per Section 306, 107 IPC of the Indian Penal Code or not. 5. Keeping in view the aforementioned facts and circumstances, I deem it appropriate to grant regular bail to the petitioner. Resultantly, the crl. petition is allowed and the petitioner is ordered to be released on bail subject to furnishing of bail bonds to the satisfaction of the Duty Magistrate/CJM, Sonepat.