NISCHAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) INITIALLY , the FIR was registered under Sections 304-B/498-A, IPC. During the investigation, the offence was converted from 304-B to 306 IPC. The accused-petitioner was arrested in this case and was released on bail under Section 167(2) Cr.P.C., as the challan was not submitted within 60 days. Subsequently, after completion of the investigation, the challan was submitted in the Court under Sections 304-B/304/498-A IPC. The learned Additional Sessions Judge, ordered the framing of charge under Sections 304-B/302/498-A IPC against the accused-petitioner, who is husband of the deceased. The accused-petitioner continued to remain on bail.

(2.) IT has been submitted that during the intervening period, the complainant- respondent No. 2, Satish Kumar, had filed an application before the trial Court for the cancellation of the bail. The said application is stated to be still pending. The accused-petitioner has now filed the present petition for the grant of anticipatory bail, for the offences under Sections 302/304-B/498-A IPC, on the ground that at the time, when he has released on bail under Section 167(2) Cr.P.C., the offence was only under Section 306 IPC.

(3.) AFTER hearing the learned counsel for the parties and after the record and without expressing any opinion on the merits of the case, it is directed that in case the accused-petitioner moves an application before the learned Additional Sessions Judge (trial Court) for being released on bail, for the offences under Sections 304-B/304/498-A IPC in this case, he shall be released on bail by the learned trial Court for the aforesaid offences. Petition allowed.