MAHABIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Learned counsel for the parties have urged that they are ready to address arguments in both the cases because the Police file has been summoned incase bearing CRM M-35917 of 2012. This order disposes of afore-mentioned two applications for regular bail filed in case bearing FIR No. 179 dated October 19th, 2011 under Sections 302 and 498A IPC registered in Police Station Sadar Gohana, District Sonepat.

(2.) Petitioners are husband and wife. Their son Naveen, who is also in custody along with them, was married with Mukesh (since deceased) in the year 2008. A son was born out of the wedlock. It was alleged by Jagat Singh-complainant father of Mukesh that his daughter was being harassed by the petitioners, their son Naveen, another son Mohit alias Monu and five other relations. On October 19th, 2012 he received a telephonic information from Naveen that Mukesh became unconscious and was hospitalized in PGIMS Rohtak. On receipt of information, he reached the hospital and found his daughter dead. Post-Mortem Examination was conducted on the dead body of Mukesh and it was found that it was a case of strangulation as stated by learned State counsel. During investigation, relatives of the petitioners were found innocent.

(3.) Learned counsel for the petitioners has urged that there is no direct evidence to show that the petitioners participated in the murder of Mukesh. Jagat Singh-complainant appeared before the trial Court as PW-1 but did not support the prosecution case. Petitioners are in their 70s. They are in custody since October 26th, 2011, that is, 1 year, 1 month and 10 days. Mohit alias Monu was allowed bail by Hon'ble Mr. Justice Ranjit Singh by order dated May 18th, 2012. Out of 12 prosecution witnesses, only three have been examined. Without commenting upon the merits of the case but taking into consideration the facts and circumstances mentioned above and the submissions made, the petitioners are admitted to bail on their furnishing bail-bonds to the satisfaction of trial Court/Judge on duty, Sonepat.