IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl.Misc.No.M-14225 of 2009
Date of Decision:- 21.07.2009
Bado Devi ....Petitioner(s)
vs.
State of Haryana ....Respondent(s)
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CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH
***
Present:- Mr.Raman Gaur, Advocate,
for the petitioner.
Mr.Yashpal Malik, AAG, Haryana.
Mr.K.D.S.Hooda, Advocate,
for the complainant.
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AUGUSTINE GEORGE MASIH, J. (Oral)
In the present case, the allegation against the petitioner is that
she had conspired to kill her grandson, i.e. the son of the complainant. A
perusal of the F.I.R would show that the husband of the complainant grew
with suspicion with regard to the paternity of the child. He doubted that the
son which was born to his wife was not out of his loins and, therefore, threw
the child in the Khal where the child died because of drowning.
Counsel for the petitioner contends that the petitioner is an old
lady of 60 years and as per the contents of the F.I.R.itself, the complainant
and her husband along with their son were residing separately in the fields
whereas the petitioner was residing in the village. He, therefore, contends
that the petitioner has no connection whatsoever with the alleged murder of
her grandson and, therefore, she should be released on bail.
Crl.Misc.No.M-14225 of 2009 -2-
On the other hand, counsel for the State submits that the charge
in the present case has since been framed and the case now stands fixed for
17.8.2009 for prosecution evidence.
Having heard counsel for the parties and on going through the
records of the case besides keeping in view the fact that the petitioner had
been residing separately and is an old lady of 60 years and is in custody
since 10.3.2009 whereas the evidence of the prosecution is yet to
commence, no useful purpose would be served by further keeping her in
custody. The trial is not likely to conclude soon.
In view of the above, the present petition is allowed and the
petitioner is directed to be released on bail to the satisfaction of the trial
Court.
July 21, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE