IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-29896 of 2008 Date of Decision: November 19, 2008 Sunehra .....PETITIONER(S) VERSUS State of Haryana .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Pritam Saini, Advocate, for the petitioner. Mr. Sidharth Sarup, A.A.G. (Haryana). . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to petitioner, Sunehra, in case FIR No.255 dated 21.10.2006 under Sections 306 and 498-A IPC, Police Station, Madlauda, District Panipat. It has been contended that the allegations are palpably false in so much as the petitioner who is 80 years of age and his wife who was 75 years of age and a blind lady, were implicated. Wife, Chhoto Devi, has since died. The petitioner was living separate alongwith his wife and had no occasion to interfere with the matrimonial affairs of deceased Babita who was married to Mangal Singh (son of the petitioner). During investigation, no incriminating material was found against the petitioner. It is only under Section 319 Cr.P.C. that the Crl. Misc. No. M-29896 of 2008 [2] petitioner has been summoned to stand trial. Learned counsel contends that only the presence of the petitioner is required to be procured. The petitioner would join the proceedings and would not delay the proceedings at any point in time. Notice of motion. Mr. Sidharth Sarup, Assistant Advocate General, Haryana, accepts notice on the asking of the Court. Complete copy of the petition has been handed over to him in Court. Heard. I have considered the issue involved. The petitioner is a person of 80 years of age. As per the pleadings, the petitioner was living separate. The petitioner was found innocent during investigation and therefore, opinion in favour of the petitioner is already on the record. I have also considered the fact that even the wife of the petitioner was implicated who was blind. Without expressing any opinion on merits of the case, this petition is allowed. The petitioner would put in appearance before the Trial Court within two weeks from today or the date fixed before the Trial Court, whichever is earlier. The petitioner would not be taken in custody and shall be released on bail. (AJAI LAMBA) November 19, 2008 JUDGE avin