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(2020) Law Today Live Doc. Id. 15639 = 2020 L.A.R. (e-Suppl.) 1985
Decided on: 19.11.2020
Present:
Mr. Jai Vir Yadav, Advocate for the petitioner.
Ms. Aditi Girdhar, AAG, Haryana.
Mr. R.S. Mamli, Advocate for the complainant.
Indian Penal Code, 1860 (45 of 1860), Sections 147, 149, 323, 302, 506, 188, 216 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder case – Regular bail -- Petitioner is not named in the FIR wherein several persons have been named, she is stated to be armed with 'danda' and present at the place of occurrence, no specific injury has been attributed to her, she is 37 year old lady with two minor children, is in custody for almost 05 months, is not involved in any other criminal case -- Covid 19 pandemic and the conclusion of the trial is likely to take some time – Court deemed it a fit case to grant the concession of regular bail to the petitioner.
(Para 6)
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ANUPINDER SINGH GREWAL, J. (ORAL) –
1. Heard through video conferencing.
2. The petitioner is seeking regular bail in FIR No.150 dated 14.04.2020, under Sections 147, 149, 323, 302, 506, 188 and 216 IPC, registered at Police Station Khol, District Rewari.
3. Learned counsel for the petitioner contends that the petitioner is not named in the FIR wherein several persons have been named who had participated in the occurrence. He further contends that there is only a reference in the FIR that ladies were also present who were armed with lathis etc. He also contends that no injury has been attributed to her. The petitioner is 37 years old lady with two minor children. She is in custody since her arrest on 29.06.2020. She is not involved in any other criminal case.
4. Learned State counsel states that in the affidavit filed by the DSP, Rewari, it is stated that video recording of the incident shows the presence of the petitioner at the place of occurrence. It is further stated that the eye witnesses have categorically mentioned the role of the applicant in the occurrence and during investigation, a 'danda' was recovered from the applicant.
5. Learned counsel for the complainant states that the petitioner was present at the place of occurrence and had actively participated in the occurrence.
6. In view of the submissions of learned counsel for the petitioner, especially when the petitioner is not named in the FIR wherein several persons have been named, she is stated to be armed with 'danda' and present at the place of occurrence, no specific injury has been attributed to her, she is 37 year old lady with two minor children, is in custody for almost 05 months, is not involved in any other criminal case, Covid 19 pandemic and the conclusion of the trial is likely to take some time, I deem it a fit case to grant the concession of regular bail to the petitioner.
7. Therefore, without expressing any opinion on the merits of the case, the petition is allowed. The petitioner is ordered to be released on regular bail on her furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate concerned.
Petition allowed.
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