Criminal Misc. No. 23897 of 2009 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Criminal Misc. No. 23897 of 2009
Date of decision: November 05, 2009
Parbhati -Petitioner
Versus
State of Haryana -Respondent
Coram Hon'ble Mr. Justice Rajan Gupta
Present: Mr. Akshay Bhan, Advocate, for
the petitioner.
Mr. Gaurav Dhir, AAG, Haryana.
Rajan Gupta, J.(Oral)
This is a petition seeking bail in a case FIR No. 54 dated
12.4.2009 under Sections 342, 302,328,34 IPC (subsequently Sections
342,302,328, 34 IPC deleted & Section 306 IPC added) registered against
the petitioner at police station City Dadri, District Bhiwani.
Mr. Bhan has argued that after investigation the police
presented the challan under Section 306 IPC and the offence under Section
302 IPC was deleted. According to counsel, only allegation is that the
deceased committed suicide in the house of the petitioner as he was
pressurised to part with money. Counsel further submits that the pressure, if
any, was built up by other persons also and only the petitioner has been held
liable for the occurrence.
Learned State counsel opposes the prayer for bail on the ground
that the allegations against the petitioner are serious in nature. According to
Mr. Dhir, two prosecution witnesses have already been examined.
Criminal Misc. No. 23897 of 2009 2
I have heard learned counsel for the parties.
It is not disputed that the offence under Section 302 IPC has
already been deleted and the trial is now proceeding under Section 306 IPC.
Without expressing any opinion on merits of the case and
keeping in view the facts & circumstances of the case, no useful purpose
will be served by detaining the petitioner in custody pending trial as the trial
may take a considerable time to conclude, the instant petition is allowed and
the petitioner is directed to be enlarged on bail to the satisfaction of Chief
Judicial Magistrate/Duty Magistrate, Bhiwani.
[Rajan Gupta]
Judge
November 05, 2009.
‘ask’