Crl. Misc. No.M-14283 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-14283 of 2010 Date of Decision: September 22, 2010 Babli …..Petitioner Vs. State of Haryana …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Rakesh Nehra, Advocate for the petitioner. Mr.Amit Rana, DAG, Haryana. Mr. Rajiv Doon, Advocate for the complainant. -.- M.M.S. BEDI, J. (ORAL) The petitioner is a lady who had allegedly a verbal altercation with deceased Bhateri while her husband Udey arrived on the spot. At the exhortion of the petitioner, her husband Udey is alleged to have hit deceased Bhateri with his Tata 407 vehicle resulting in the date of Bhateri as per the version of Samunder. Crl. Misc. No.M-14283 of 2010 [2] The petitioner has been in custody since February 2010. It is stated that she has got two minor children to look after. Counsel for the complainant and State counsel have opposed the petition for bail contending that the petitioner is the root cause of the dispute and that there are other people in the family to look after the minor children. Taking into consideration the totality of the circumstances, it appears that it will be debatable whether the petitioner (lady) shared a common intention with her husband Udey who has over-run Bhateri with his Tata 407 vehicle. It will have to be decided on the basis of the evidence produced whether the petitioner and Udey had pre-concert regarding the killing of Bhateri. The petitioner even otherwise, is entitled to the benefit of provisions of Section 437 (1) Cr.P.C. Keeping the petitioner in custody during the pendency of the trial will indirectly victimize her minor children whose both parents are in jail. Without expression of any opinion on merits of the case and taking into consideration the period of detention already suffered by the petitioner, the petition is allowed. Petitioner is ordered to be released on bail on her furnishing bail bonds/ surety bonds to the satisfaction of the trial Court. September 22, 2010 (M.M.S.BEDI) sanjay JUDGE