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(2020) Law Today Live Doc. Id. 15536 = 2020 L.A.R. (e-Suppl.) 1511
Decided on: 28.10.2020
Present:
Mr. Rao Ajender Singh, Advocate for the petitioner.
Ms. Aditi Girdhar, AAG, Haryana.
Mr. Sandeep Kumar Yadav, Advocate for the complainant.
Indian Penal Code, 1860 (45 of 1860), Section 304 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Culpable homicide not amounting to murder – Anticipatory bail -- Petitioner is alleged to have hurled a brick bat at the deceased -- Husband of the petitioner was alleged to have caused a blow with a sword on the nose of the deceased and had also pushed him from the roof -- Husband of the petitioner committed suicide while in custody -- Petitioner is a widow with two minor children and she has joined investigation, the order granting interim bail to her is made absolute.
(Para 8,9)
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ANUPINDER SINGH GREWAL, J. (ORAL) –
1. Heard through video conferencing.
2. The petitioner is seeking anticipatory bail in FIR No.275 dated 22.10.2019, under Sections 323, 304, 506, 34 of the Indian Penal Code, 1860, registered at Police Station Sadar Narnaul, tehsil Narnaul, district Mohindergarh.
3. Learned counsel for the petitioner contends that the allegations in the FIR against the petitioner are that she has allegedly hurled a brick bat at the deceased. He further contends that the main accused in the FIR was Surender Singh, who is the husband of the petitioner and is alleged to have caused a sword blow on the nose of Rajender(deceased). Co-accused, Surender Singh was also stated to have pushed the deceased-Rajender from the roof of the house due to which he had allegedly received multiple injuries. He further contends that co-accused-Surender Singh, who is the husband of the petitioner, had committed suicide while in custody. He also contends that the petitioner is a lady with two minor children.
4. This Court, by the order dated 10.06.2020, had directed the petitioner to appear before the Investigating Officer and join the investigation and in the event of her arrest, she was ordered to be released on ad-interim bail to the satisfaction of the Investigating/Arresting Officer, subject to the conditions envisaged under Section 438(2) Cr.P.C.
5. Learned State counsel, upon instructions from SI Satyaveer Singh, contends that although the petitioner has joined investigation but she is not entitled to the concession of anticipatory bail as she has allegedly caused a brick bat on the forehead of the deceased.
6. Learned counsel for the complainant has also contended that in view of the seriousness of the allegations against the petitioner, she is not entitled to the concession of anticipatory bail.
7. Heard.
8. The petitioner is alleged to have hurled a brick bat at the deceased. The husband of the petitioner, namely, Surender Singh was alleged to have caused a blow with a sword on the nose of the deceased and had also pushed him from the roof. The husband of the petitioner is stated to have committed suicide while in custody. The petitioner is a widow with two minor children and she has joined investigation, the order dated 10.06.2020 granting interim bail to her is made absolute.
9. However, the petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. She shall also join investigation as and when called upon to do so.
10. The petition stands disposed of.
Order accordingly.
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