, Court granted regular bail to an elderly sick petitioner (63 years) in a dowry case. Ordered release on furnishing bail bonds to trial Court's satisfaction without expressing opinion on merits.
Release of petitioner on bail on furnishing bail bonds/surety bonds to the satisfaction of the trial Court.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Cr.Misc. NO. M 5964 of 2009 DATE OF DECISION 19.5.2009
Nasiri
......PETITIONER
VERSUS
State of Haryana
......RESPONDENTS
PRESENT: Mr. R.S.Rai, Sr.Advocate with Mr. Karan Pathak, Advocate Mr. SS Goripuria, DAG, Hry
M.M.S.BEDI,J.
The petitioner seeks the concession of regular bail in a case registered at the instance of Jaikam, grand father of Afsana, who was married to Mohd. Sajid, son of the petitioner. There are allegations that demand of dowry and Rs.20,000/- in cash was being made from the grand daughter of the complainant.
Without expression of any opinion on merits of the case, it is sufficient to observe that the petitioner is an old lady of 63 years of age suffering from pleural effusion in the left side of the abdomen on account of which she suffers from acute pain in the chest. She has been in custody since 11.1.2008. No PW out of 16 cited witnesses stands examined though a period of more than one year and four months has elapsed since the lodging of the FIR.
The petitioner being an old sick lady is entitled to benefit of provisio of Section 437(1) Cr.P.C.
The petition is allowed and the petitioner is ordered to be released on bail on furnishing bail bonds/surety bonds to the satisfaction of the trial Court.
May 19 ,2009 ( M.M.S.BEDI ) TSM JUDGE
1 issue framed by the court
Whether a bail can be granted to an elderly suffering woman in case of dowry allegation.
1 provisions across 1 enactments
Nasiri
State of Haryana
M.M.S.Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
