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BIMLA & ORS. versus STATE OF HARYANA

High Court of Punjab and Haryana, Chandigarh

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Bimla & Ors. v. State of Haryana - CRM-27159-m-2005 [2006] RD-P&H 3271 (18 May 2006)

Crl. Misc. No. 27159-M of 2005 -: 1 :-

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

Crl. Misc. No. 27159-M of 2005

Date of decision: May 24, 2006.

Bimla & Ors.

...Petitioner(s)

v.

State of Haryana

...Respondent(s)

Present: None for the petitioner.

Shri Narender Sura, Asstt. Advocate General, Haryana for the respondent.

Surya Kant, J. (Oral)

Learned Counsel for the petitioners is not present.

The prayer in this petition is for quashing of the order dated 9th October, 2003 (Annexure P-1) passed by the Additional Chief Judicial Magistrate, Bhiwani whereby the petitioners have been summoned under section 319 Cr.P.C. to face trial under section 323, 325/34 IPC in FIR No.202 dated 14.6.1999, registered at Police Station Sadar Bhiwani, as well as the order dated 3rd

May, 2005 (Annexure P-2) passed by the Additional Sessions Judge, Bhiwani, dismissing the petitioners' revision petition against the above said summoning order dated 9th October, 2003.

I have perused the impugned orders, especially the order dated 3rd

May, 2005 (Annexure P-2) passed by the revisional court.

Though having regard to the scope of interference under Crl. Misc. No. 27159-M of 2005 -: 2 :-

section 482 Cr.P.C., more so when no conclusive opinion in relation to innocence of the petitioners can be formed at this stage, no case for interference is made out, however, keeping in view the fact that the petitioners are women folk and possibility of their implication through an exaggerated version cannot be outrightly ruled out, and also in order to obviate avoidable hardship to them, this petition is disposed of with the following directions:-

(i) the petitioners shall be at liberty to raise all the pleas before the trial court at an appropriate stage and the same shall be taken into consideration in accordance with law; (ii) the petitioners shall surrender before the trial court and furnish requisite bail bonds, if already not furnished, and they shall be admitted to bail on that very day; (iii) thereafter, the petitioners shall be at liberty to move an application to grant them exemption from personal appearance and upon such an application by them, the trial court is directed to grant them exemption from personal appearance, however, subject to the conditions that:- (i) they will be represented through counsel; (ii) will not delay/stall the trial proceedings; (iii) will not dispute their identity as accused; and (iv) will have no objection if the prosecution evidence is also recorded in their absence but in the presence of their counsel.

Disposed of.

May 24, 2006. [ Surya Kant ]

kadyan Judge


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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