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#3,4,5
% 25.07.2011
Present: Mr. Mahipal, Advocate for the petitioner.
Ms.Fizani Hussain, APP for the respondent/State alongwith 10
Birender Kumar from PS Anand Parbat.
+Bail Appln. No. 107/2011
Bail Appln. No. 247/2011
Bail Appln. No. 249/2011
The respondent has submitted a Status Report dated 25^^ July, 2011 under the signatures of the Investigating Officer. Petitioners are brother-in- law, sister-in-law and father-in-law of the deceased. They were booked vide
FIR No. 81/2010, P.S Anand Parbat for the offences punishable under
Section 304B/498A/34 IPG. The respondent, alongwith the Status Report, has filed copy of the opinion regarding cause of death of the deceased which was kept pending receipt of viscera analysis report. As per the opinion, the cause of death of the deceased is given as Disseminated Tuberculosis - a natural cause. Learned APP, thus, concedes that offence under Section
304B IPG is not made out.
In view of the above, only allegation left is regarding the offence punishable under Section 498A IPG. The mother-in-law and the husband of the deceased have already been granted bail. Thus, applying the principle of parity and considering the facts and circumstances of the case, the petitioners are directed to be released on bail in case FIR No. 81/2010, P.S
Anand Parbat under Section 498A/304B/34 IPG in the event of their arrest on their furnishing a personal bond in the sum of? 25,000/- each with one
2011:DHC:6985 i surety in the like amount each to the satisfaction of the arresting officer/concerned M.M.
The applications are accordingly disposed of.
Dasti.
JULY 25,2011 mb
(AJIT BHARIHOKE)
JUDGE
2011:DHC:6985
% 25.07.2011
Present: Mr. Mahipal, Advocate for the petitioner.
Ms.Fizani Hussain, APP for the respondent/State alongwith 10
Birender Kumar from PS Anand Parbat.
+Bail Appln. No. 107/2011
Bail Appln. No. 247/2011
Bail Appln. No. 249/2011
The respondent has submitted a Status Report dated 25^^ July, 2011 under the signatures of the Investigating Officer. Petitioners are brother-in- law, sister-in-law and father-in-law of the deceased. They were booked vide
FIR No. 81/2010, P.S Anand Parbat for the offences punishable under
Section 304B/498A/34 IPG. The respondent, alongwith the Status Report, has filed copy of the opinion regarding cause of death of the deceased which was kept pending receipt of viscera analysis report. As per the opinion, the cause of death of the deceased is given as Disseminated Tuberculosis - a natural cause. Learned APP, thus, concedes that offence under Section
304B IPG is not made out.
In view of the above, only allegation left is regarding the offence punishable under Section 498A IPG. The mother-in-law and the husband of the deceased have already been granted bail. Thus, applying the principle of parity and considering the facts and circumstances of the case, the petitioners are directed to be released on bail in case FIR No. 81/2010, P.S
Anand Parbat under Section 498A/304B/34 IPG in the event of their arrest on their furnishing a personal bond in the sum of? 25,000/- each with one
2011:DHC:6985 i surety in the like amount each to the satisfaction of the arresting officer/concerned M.M.
The applications are accordingly disposed of.
Dasti.
JULY 25,2011 mb
(AJIT BHARIHOKE)
JUDGE
2011:DHC:6985
JUDGMENT