BABLI Vs. STATE OF HARYANA

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the record.

(2.) LEARNED counsel submitted that the petitioner, a married lady of 18 years at the time of offence has been alleged to be involved in the incident of setting her deceased elder sister on fire while she was asleep on account of some minor bickerings between them. Learned counsel also submitted that the both (accused and deceased) being real sisters were married to two real brothers in the same family; the husband of the deceased was away for some work on the date of incident; and initially, the deceased was admitted in a private hospital where the doctor examined her and found 90% burns, however, she was later on, shifted to a Government hospital where the doctor found the extent of burns to be burns to be 72%. Learned counsel further submitted that though some Judicial Magistrates were staying in the vicinity of the Government hospital where the deceased was admitted, but the police instead of requesting them for recording dying declaration of the deceased, called a Head Constable of some other police post to record it. Learned counsel further submitted that, as per the birth certificate, the accused was a juvenile at the time of the incident.

(3.) ON due consideration of rival submissions without expressing any opinion on merits of this case, the criminal revision is hereby allowed and the petitioner Babli, wife of Satish, is directed to be released on bail on her furnishing a bail bond in the sum of Rs. 50,000/- with two solvent sureties in the like amount each, to the satisfaction of the trial Court Narnaul. Petition allowed.