JASBIR & ANR. Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRAYER in this petition is for grant of regular bail to the petitioners, Jasbir and Anil Kumar, who were summoned by virtue of Section 319, Cr.P.C., to face trial along with their principal accused for the offences punishable under Sections 120 -B, 302, 304 -B and 498 -A, IPC, in a case arising out of FIR No. 67, dated 22.03.2013, registered at Police Station, Sadar, Thanesar, District Kurukshetra. Learned counsel contends that the names of the petitioners did not figure in the alleged dying declaration suffered by Sunita; that the petitioners are behind the bars from 13.02.2013; that during investigation, the petitioners were found innocent and that they were summoned in consonance with the provisions laid down under Section 319, Cr.P.C. It has also been contended that during pendency of the trial, an application under Section 311, Cr.P.C., had been moved for additional evidence by the complainant/prosecution which was allowed, therefore, the prosecution/complainant is deliberately delaying the trial.

(2.) LEARNED counsel for the State very fairly concedes that during investigation, the petitioners were declared innocent and as such, the charge -sheet (report under Section 173, Cr.P.C.) was not filed for their prosecution. He concedes that application under Section 311 Cr.P.C., moved by the prosecution side, was allowed and the additional evidence was ordered to be produced on 19.08.2013.

(3.) THE petitioners were not named by the deceased when she suffered her statement before death. During investigation, the petitioners were found innocent and they have been summoned with the aid of Section 319, Cr.P.C., to face trial along with the principal accused. Keeping in view the totality of the facts and circumstances of the case, the present petition is allowed. Petitioners -Jasbir and Anil Kumar, both residents of Saraswati Colony, Opposite Mini Zoo, Bir Pipli, Police Station, Sadar, Thanesar, District Kurukshetra, are ordered to be released on bail during pendency of the trial of the present case subject to their furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Kurukshetra.