CRM-M-38182 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-38182 of 2010 (O&M) Date of decision: 16.2.2011 Ram Avtar and others ....Petitioners Versus State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. S.K. Chauhan, Advocate, for the petitioners. Ms. Preeti Chaudhary, AAG, Haryana. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Present petition is filed seeking regular bail in FIR No.153 dated 23.4.2010 under Sections 304-B, 498-A/34 of the Indian Penal Code registered at Police Station Tosham, District Bhiwani. FIR was lodged on the statement of the father of deceased Smt. Poonam. As per complainant/father of the deceased, he reached on spot at about 8.30 a.m. and Poonam has disclosed to him that her husband, mother-in-law and brother-in-law burnt her and when she tried to run away from the room, her father-in-law bolted the room from outside. As per MLR she was examined medically at 8.30 a.m. The distance between the hospital and the place of occurrence is about 20 Kms. In the hospital she was found having 80% burn injuries and was not declared fit to make statement. CRM-M-38182 of 2010 (O&M) -2- Learned counsel for the petitioners has vehemently argued that story set up by the complainant that he had reached on the spot at 8.30 a.m. and deceased before her death had narrated manner of incident, seems to be concocted. Learned counsel for the petitioners further stated that petitioner No.3 is a brother-in-law and not the husband, hence bail application on his behalf may also be heard, which was wrongly not pressed. I find prima facie some substance in the arguments of the learned counsel for the petitioners that presence of the complainant on the spot and narration of the story by the deceased to the complainant before her death seems to be doubtful, however, it is yet to be proved. Without making any observation on the merit of the case and it is clarified that any observation made herein is only for the purpose of bail and shall not prejudice the trial, present petition is allowed. Let petitioners be released on bail to the satisfaction of the learned Trial Court. (Alok Singh) Judge February 16, 2011 R.S.