Allowed

Chameli and Anr. v. State of Haryana

Punjab & Haryana HC7 May 2012CRM-M/10088/2012

Case brief

AI extract

What is this about?

The High Court accepted an anticipatory bail application filed by a mother-in-law and brother-in-law accused under dowry death charges. Relying on their already granted interim bail at the trial court, the court rendered the interim orders absolute without expressing an opinion on the case merits.

What did the court decide?

The anticipatory bail application is accepted and the interim order dated 04.04.2012 making interim bail is made absolute subject to conditions from the trial court.

Chameli and Anr. Vs State of Haryana — Anticipatory Bail | Punjab & Haryana HC (2012)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No.M-10088 of 2012(O&M)

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Date of Decision: May 07, 2012.

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Smt. Chameli Devi and another

...... PETITIONER(s)

Versus

State of Haryana

...... RESPONDENT (s)

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CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA

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Present: Mr. R.A. Sheoran, Advocate for the petitioners.

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Mr. Manish Deswal, D.A.G. Haryana.

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RAM CHAND GUPTA, J.(Oral)

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The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.51 dated 7.4.2011 under Section 304-B of Indian Penal Code, registered at Police Station Bawani Khera, District Bhiwani.

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I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Bhiwani dismissing anticipatory bail application filed on behalf of the petitioners.

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This Court while issuing notice of motion on 04.04.2012 passed the following order:-

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“Crl.M.No.20922 of 2012.

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Application is allowed subject to all just exceptions.

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CRM No.M-10088 of 2012

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Crl.M.No.M-10088 of 2012.

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Contends that petitioner No.1 is mother-in-law and petitioner No.2 is brother-in-law of deceased and that police found them innocent and after investigation only husband of deceased was challaned under Section 304-B of IPC. Further contends that however, on application moved by the prosecution under Section 319 Cr.P.C., petitioner have been summoned vide order dated 24.02.2012 to face trial along with co-accused already facing trial. Hence, it is contended that petitioners are ready to appear before learned trial court to face trial.

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Notice of motion to Advocate General, Haryana for

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7.5.2012.

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However, in the meantime, petitioners are directed to appear before learned trial Court on 18.4.2012, the date already fixed and if they appear and apply for bail before learned trial Court, they be admitted to interim bail by learned trial court subject to any conditions that may be deemed to be imposed by it.

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It has been contended by learned counsel for the petitioners that they have already appeared before learned trial Court pursuant to said order dated 4.4.2012 and admitted to interim bail. He has also filed certified copy of the order passed by Additional Sessions Judge, Bhiwani dated 18.04.2012, which is taken on record.

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These facts have not been disputed by learned counsel for the State on the instruction from ASI Attar Singh.

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Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of petitioners Smt. Chameli Devi and Krishan is accepted and order dated 04.04.2012 granting interim bail in favour of the petitioners is, hereby,

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CRM No.M-10088 of 2012

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made absolute subject to compliance of any conditions that may deem to be imposed by learned trial Court.

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The present petition stands disposed of accordingly.

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( RAM CHAND GUPTA ) May 07, 2012. JUDGE Sachin M.

Chameli and Anr. v. State of Haryana

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Chameli and Anr. v. State of Haryana

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