IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-21456 of 2009
Date of decision : August 21, 2009
Smt. Usha Garg ....Petitioner
versus
State of Haryana ....Respondent
Coram: Hon'ble Mr. Justice L.N. Mittal
Present : Mr. Sanjeev Gupta, Advocate, for the petitioner
Mr. Sidharth Sarup, AAG Haryana
L.N. Mittal, J. (Oral)
Usha Garg has filed this petition for anticipatory bail in case
FIR No. 56 dated 26.2.2008, under section 304-B IPC, Police Station
Sector-5, Gurgaon.
I have heard learned counsel for the parties and perused the
case file.
The petitioner is a lady. She was found innocent during
investigation but has been summoned as additional accused on prosecution
application filed under section 319 of Code of Criminal Procedure. The
petitioner is mother-in-law of the deceased who died on account of
poisoning just one year after the marriage.
Learned counsel for the petitioner vehemently contended that
the deceased and her husband were residing separately from other family
Criminal Misc. No. M-21456 of 2009 -2-
members including the petitioner as per investigation conducted by the
police, since the time of marriage of the deceased. Learned State counsel
after seeking instructions from ASI Babu Lal does not controvert the
aforesaid factual position. It is stated that investigation was done by
Assistant Commissioner of Police who came to the aforesaid conclusion.
In view of the aforesaid but without meaning to express any
opinion on the merits, the instant petition is allowed. If the petitioner
appears before the trial court on or before 2.9.2009, the date fixed there, the
petitioner shall be released on bail to the satisfaction of the trial court.
( L.N. Mittal )
August 21, 2009 Judge
'dalbir'