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2020 DIGILAW 1225 (PNJ)

Santra Devi v. State Of Haryana

2020-05-28

ANIL KSHETARPAL

body2020
JUDGMENT Anil Kshetarpal, J. - The petitioner, an aged lady of 56 years in custody for a period of more than 10 months, prays for grant of bail pending trial in a criminal case arising out from FIR No.270, dated 18.07.2019, registered under Sections 302/304-B/498-A/34 IPC, at Police Station Beri, District Jhajjar. 2. Heard through video conferencing on account of lock-down. 3. The petitioner is mother-in-law of the deceased. Her daughter-in-law is alleged to have died due to poisoning. The prosecution claims that the deceased was forcibly administered poison by the petitioner and her son. Son of the petitioner was married with the deceased on 01.12.2016. The couple was blessed with a son on 28.10.2017. It is not in dispute that in-laws of the deceased immediately took the deceased to Government Hospital, Jhajjar and thereafter, on being referred, shifted her to PGIMS, Rohtak. The evidence of the first informant and his son has already been recorded. Prima-facie there is no evidence of any complaint to the policeor panchayat before the date of occurrence against the conduct of the petitioner or her family members. 4. The petitioner is stated to be suffering from various ailments. Husband of the deceased is in custody. The evidence of the main prosecution witnesses has already been recorded. 5. Due to peculiar situation created by pandemic of novel Corona Virus, it is not known when the trial of the case would conclude. 6. Without commenting on the merits of the case and keeping in view the fact that the petitioner is in custody for a period of more than 10 months and conclusion of the trial is likely to take some time, the petitioner is directed to be released on regular bail subject to furnishing of adequate surety to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, concerned. Accordingly, the petition is allowed with the aforesaid directions.