Usha vs State of Haryana

Naresh Kumar Sanghi, J.—Prayer in this petition is for grant of regular bail to petitioner-Usha who along with her son has been booked for having committed the offence punishable u/s 304B read with Section 34, IPC. Learned counsel for the petitioner contends that the petitioner who is a lady, is behind the bars from 23.06.2011 and the trial is proceeding at a snail''s pace. He further contends that out of the 20 prosecution witnesses, only two witness have been examined so far. He further contends that at this stage, the prosecution/complainant has also moved an application u/s 319, Cr. P.C which will further delay the conclusion of the trial. He also submits that there is no eye-witness to the occurrence and the whole case is based on presumptions and suppositions. He also contends that the husband of the deceased, who is son of the petitioner, is also behind the bars. He also contends that grand-daughter of the petitioner is aged about 02 years and 09 months and there is none to take care of her.

On the other hand, learned counsel for the State has opposed the prayer made by the learned counsel for the petitioner on the ground that the petitioner is involved in a serious case.

Heard.

The petitioner, who is a lady, is behind the bars from 23.06.2011. Her son is also behind the bars in this very case. The trial is not proceeding further since an application u/s 319, Cr. P.C has been presented for summoning of the additional accused. The trial will take sufficient long time to conclude. Keeping in view the totality of the circumstances of the case, the present petition is allowed. Petitioner-Usha, w/o Bhale Ram, R/o Baroll, P.S. Sadar, Panipat, is ordered to be released on bail, during the pendency of the trial, subject to her furnishing bail bonds in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of learned trial court.