Crl.M. No. M-5337 of 2011 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 1) Crl.M. No. M-5337 of 2011 (O&M) Date of decision : 19.5.2011 ... Raman w/o Raj Kumar ................Petitioner vs. State of Haryana .................Respondent 2) Crl.M. No. M-12085 of 2011 (O&M) ... Raj Kumar ................Petitioner vs. State of Haryana .................Respondent Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. Jagjit Gill, Advocate for the petitioner (in Crl.M.No. M-5337 of 2011) Sh. A.S. Sullar, Advocate for the petitioner (in Crl.M.No. M-12085 of 2011) Sh. J.S. Rattu, Deputy Advocate General, Haryana. Sh. Arun Beniwal, Advocate for the complainant. ... K.C. Puri, J. Vide this order, I intend to dispose of Crl.M.Nos. M-5337 of 2011 and M-12085 of 2011 as both the petitions arise out of same FIR. Raman and Raj Kumar – petitioners have filed two separate Crl.M. No. M-5337 of 2011 -2- petitions for grant of regular bail in FIR No. 21 dated 23.2.2009 under Section 302/34 IPC, registered at Police Station Nathusari Chopta, District Sirsa. The law was set in motion by recording the statement of deceased Anuradha, who has stated that she was married with Rattan Lal and have two children. On 23.2.2009 at 9 – 9.30 A.M. she set ablaze herself and her son Karamjit and daughter Simran by pouring kerosene oil due to harassment of her husband Rattan Lal s/o Diwan caste Jat r/o Nejia Khera. She has further mentioned that she has committed that act due to compulsion and she set herself ablaze and both the children were also set ablaze. Thereafter another statement of Anuradha was recorded by JMIC on the same day at 2.20 P.M. in which she has mentioned that she has been set ablaze by her husband Rattan Lal, her mother-in-law, her Jethani, Jeth jointly. She has been set ablaze by kerosene oil. They were harassing her for so many days and used to beat her. Children were also set ablaze by them. She had a fight with her husband due to other women, demand of dowry was not there. Her children be handed over to her parents and their right be given to them and she has nothing to say more and accused be given strict punishment. Learned counsel for the petitioners have submitted that vide report dated 15.3.2009 of DSP Ellenabad, petitioners were found innocent and it has been observed in that report that these accused were not present. Vide investigation report dated 5.4.2009 the petitioners were again declared innocent. Challan was presented against Rattan Lal under Section 306 Crl.M. No. M-5337 of 2011 -3- IPC. However, both the petitioners have been summoned under Section 319 Cr.P.C. The said position has not been disputed by the State counsel. Rattan Lal has been granted bail, though on the technical grounds, under Section 167 (2) Cr.P.C. Since the name of the petitioners does not figure in the original FIR and they have been found innocent during the course of investigation. So, in my view, without commenting on the merits of the case, it is a fit case to allow the concession of bail, as the petitioners are in custody since 22.11.2010 and trial is not likely to be concluded at an early date. So, bail is granted to both the petitioners to the satisfaction of the trial Court/Chief Judicial Magistrate, Sirsa. Both the petitions stand disposed of. ( K.C. Puri ) 19.5.2011 Judge chugh