CRM No. M-29137 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM No.M-29137 of 2010 Date of decision : 01.12.2010 Pale Ram -----Petitioner Vs. State of Haryana -----Respondent Present:- Mr. K.S.Hooda, Advocate for the petitioner. Mr. K.C.Gupta, Sr. D.A.G., Haryana. --- S.S.SARON, J (Oral) :- Heard learned counsel for the parties. The petitioner seeks regular bail in a case registered against him on 5.5.2010 for the offences under section 302/306/376/34 IPC. The FIR in the case has been registered on the statement of Ajay son of Maha Singh. It is alleged that son of his uncle namely Satbir had expired about five years back. His wife Roshni Devi and her two sons were living with the complainant. On 4.5.2010, Narinder, who is a near relation in the family of Roshni had come to village Bamla and had taken Roshni with him saying that she had to meet other family members in the village. During the day, the sister in law of the complainant namely Krishna wife of Jaibir received a phone call at about 2.00 P.M. from Roshni saying that Narinder had taken her to village Dhareru, instead of taking her to village Pichopa Kalan and he was committing illegal act with her. Krishna, sister in law of the complainant also talked to Narender and asked him to leave Roshni at her residence. Krishna disclosed all this to the complainant. On CRM No. M-29137 of 2010 -2- 5.5.2010 at 11.00 A.M., the complainant telephonically came to know that Roshni had expired at Civil Hospital, Bhiwani after consuming some poisonous substance. On this, the complainant and Sunder son of Rajender reached there and saw that her sister in law Roshni Devi was killed by administering some poisonous substance to her by Narender son of Rajender, resident of Pichopa Kalan in connivance with some other person or she had been compelled to commit suicide. The petitioner has not been specifically named as an accused in this case. His name has figured in the disclosure statement of Narender, who is the main accused. The statement of Sukh Ram (Annexure P-3), father of Roshni was also recorded by the police on 8.5.2010, in which he has stated that his elder daughter Roshni (deceased) was married to Satbir and younger one Krishna was married to Jaibir. Five years earlier Satbir, husband of Roshni had died. Narender son of Rajender resident of Pichopa Kalan had good relations with their family. On 4.5.2010, Narender had brought the daughter of Sukh Ram namely Roshni from village Bamla saying that she can meet her family members. Narender had taken the contract for construction of stadium at Dhareru. Narender instead of bringing Roshni to Pichopa Kalan, took her to Dhareru. Narender had illicit relations with Neelam Chaudhary, who is a singer. Neelam Chaudhary came to know that Narender had brought Roshni to Dhareru and she became suspicious that Narender was having illicit relations with Roshni. When Neelam Chaudhary reached Dhareru, she became furious on seeing Roshni with Narender. Neelam Chaudhary pressurized Narender and they both in connivance with each other administered some poisonous substance to Roshni. Therefore, no role is attributed by the father of the deceased Roshni to the petitioner. The petitioner is in custody since 25.8.2010. The trial in the case is likely to take time as no prosecution witness has been examined till date. The CRM No. M-29137 of 2010 -3- disclosure statement of a co-accused by itself is not a substantive piece of evidence. In the facts and circumstances, the petitioner shall be admitted to bail on his furnishing of personal bond and surety to the satisfaction of Chief Judicial Magistrate, Bhiwani. (S.S.SARON) JUDGE December 1st, 2010 Gurpreet