CRM-M No. 31788 of 2011 **** Joginder Singh alias Joni v. State of Haryana Present: Mr.Vikas P. Singh, Advocate for the petitioner. Mr. Man Mohan Sikka, DAG, Haryana. **** On 29.11.2011 the following order was passed:- “ The present petition has been filed under Section 439 Cr.P.C. for grant of bail incase FIR No. 321 dated 14.09.2010, registered under Sections 302, 201, 34 IPC, at Police Station Tosham, Distt. Bhiwani. Learned counsel for the petitioner has argued that it is a blind murder case. The petitioner has been wrongly implicated on the ground that he caught his wife in a compromising position with the deceased and thereafter murdered him. The petitioner is in custody for almost one year and two months. As per learned counsel for the petitioner, the wife of the petitioner should not have been staying still in the house of her in-laws and this would be a pointer to the fact that the petitioner has been falsely implicated. Learned counsel for the respondent-State seeks adjournment to enable him to report about the whereabouts of the wife of the petitioner. Adjourned to 14.12.2011.” Learned DAG, on instructions from ASI Dharamvir Singh, has accepted the factual assertion that the wife of the petitioner is still staying in the house of her in-laws. In my considered opinion though it would be too extreme to say so and, as canvassed by learned counsel for the petitioner that this ground would alone be sufficient to exculpate the petitioner, yet it would definitely CRM-M No. 31788 of 2011 -2- entitle the petitioner to the concision of bail. Let he be released on bail to the satisfaction of the learned trial Court/Duty Magistrate. Petition stands disposed of. ( AJAY TEWARI ) JUDGE December 14, 2011 sunita