REENA Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-8-18
HIGH COURT OF UTTARAKHAND
Decided on August 12,2013

REENA Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

Alok Singh, J. - (1.) THIS is a 1st bail application seeking regular bail in Case Crime No. 342 of 2012, under Sections 304 I.P.C., P.S. Kotwali Gangnahar, District Haridwar.
(2.) AN F.I.R. was got registered on 17.10.2012 under Sections 304 I.P.C. with Police Station Gangnahar, District Haridwar by the mother -in -law of the present applicant, inter alia, stating therein that applicant is a loose character lady, when Amit, husband of the applicant, used to go to his office, some loose character boys used to visit present applicant; whenever informant (mother -in -law of the present applicant) resisted, applicant used to abuse her and some time used to beat her, applicant extended threat to the informant to the effect that applicant would get Amit killed and would get service under the Dying -in -harness Rules; Amit was found laying on the road drunk on 14.06.2012 while his motorcycle was parked near him; having received information, applicant brought back Amit in her room in a pedal rikshaw; Amit was killed by strangulating him; without getting the post mortem done, his dead body was disposed of and present applicant falsely declared that Amit committed suicide. Present applicant preferred Criminal Writ Petition No. 1088 of 2012 before this Court assailing the F.I.R. in question. Coordinated Bench of this Court, vide order dated 09.112012, was pleased to grant stay against the arrest of the present applicant pursuant to the F.I.R. in question during the investigation. After investigation, chargesheet was submitted against the applicant for the offence punishable under Section 304 I.P.C. whereupon learned Chief Judicial Magistrate Haridwar was pleased to take cognizance vide order dated 05.03.2013. Criminal Writ Petition No. 1088 of 2012, after submission of the chargesheet, was dismissed as withdrawn. Present applicant thereafter approached this Court by way of filing Petition under Section 482 Cr.P.C., being Criminal Misc. Application No. 276 of 2013, assailing the chargesheet as well as cognizance/summoning order dated 05.03.2013. On 12.07.2013, Mr. Siddhartha Sah, learned counsel for the petitioner made submission that applicant would surrender before the Chief Judicial Magistrate on or before 2nd August, 2013 in compliance of the cognizance order dated 05.03.2013 and shall move an appropriate regular bail application before the learned Sessions Judge Haridwar on or before 08.08.2013. Therefore, learned Sessions Judge be directed to decide the bail application sympathetically. On 12.07.2013, this Court passed order as under: - - "Learned counsel for the petitioner submits that petitioner shall surrender/appear before the Chief Judicial Magistrate, Haridwar, on or before 02.08.2013, in compliance of cognizance order dated 05.03.2013 and shall move appropriate application seeking regular bail before the Sessions Judge, Haridwar on or before 08.08.2013. He further submits that in view of principles laid down by this Court in WPCRL No. 758 of 2013 (Hari Gupta v. State of Uttarakhand) decided on 26.06.2013, petitioner should not be arrested and sent to judicial custody unnecessarily. In the light of above submissions, learned counsel for the petitioner seeks permission to withdraw this petition. Permitted to be withdrawn. Petitioner shall appear/surrender before the Chief Judicial Magistrate, Haridwar, on or before 02.08.2013, in compliance of cognizance order dated 05.03.2013, as stated by learned counsel for the petitioner. Thereafter, petitioner shall move an interim bail application and on the interim bail application, learned Chief Judicial Magistrate shall enlarge the petitioner on interim bail on furnishing his personal bond to the satisfaction of Chief Judicial Magistrate for the period, till bail application is decided by the Sessions Judge. If petitioner fails to appear/surrender before the learned Chief Judicial Magistrate, Haridwar till. 02.08.2013, learned Chief Judicial Magistrate shall be at liberty to proceed against petitioner in accordance with law. It is further clarified that if after appearing/surrendering before the Chief Judicial Magistrate, regular bail application is not moved by the petitioner before Sessions Judge till 08.08.2013, interim bail granted by the Chief Judicial Magistrate shall stand cancelled automatically in the afternoon of 08.08.2013. However, if bail application is moved on or before 08.08.2013, the same shall be decided by the Sessions Judge, at its own merit, in accordance with law, without any unnecessary delay. Let copy of this order be forwarded to the Sessions Judge and Chief Judicial Magistrate, Haridwar immediately for information."
(3.) IN compliance of the order dated 12.07.2013, applicant appeared before the Chief Judicial Magistrate Haridwar in compliance of cognizance/summoning order and she was released on interim bail and thereafter regular bail application was moved before the Sessions Judge Haridwar which was rejected by the learned Sessions Judge vide order dated 25.07.2013.;


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