Criminal Miscellaneous No. M-23156 of 2009 v. State of Haryana

HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Aman Pal, Advocate, for the petitioner. Mr. Tarun Aggarwal, Senior Deputy Advocate General, Haryana. . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 438 Cr.P.C. for grant of bail to the petitioner in case FIR No.742 dated 27.7.2009 under Sections 323, 376, 120-B IPC, registered with Police Station, Sadar, Hisar. Learned counsel for the petitioner contends that main accused, Prithi Singh (husband of the petitioner) has already been acquitted in Sessions Case No.75-SC/ST of 2009 vide judgment dated 4.12.2009, and challan against the Crl. Misc. No. M-23156 of 2009 [2] petitioner was not presented in view of interim bail. Learned counsel for the respondent- State does not dispute this fact. Copy of judgment of acquittal is retained on record. In view of the above, the petition is allowed. Order dated 28.8.2009 is hereby made absolute and it is directed that in the event of arrest, the petitioner shall be enlarged on bail on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer, subject to the following conditions:-

(i) The petitioner shall make herself available for inter- rogation as and when required; (ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person ac- quainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) The petitioner shall not leave India without the pre- vious permission of the Court.

This order shall enure till 15 days after the filing of final report under Section 173 Cr.P.C. within which period, the petitioner shall be re- quired to seek regular bail. February 04, 2010 JUDGE (AJAI LAMBA)