IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 214 CRM-M-12148-2025 Date of decision : 17.07.2025 Munni Sharma @ Munni Devi ...........Petitioner versus State of Haryana .......Respondent CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present: Mr. Garvit Mittal, Advocate for the petitioner. Ms. Priyanka Sadar, A.A.G., Haryana. ***** NAMIT KUMAR, J. (ORAL) 1. The present petition has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in case bearing FIR No.348 dated 30.07.2023 registered under Section 302 of Indian Penal Code, 1860 (Section 302 of IPC was deleted later on and petitioner was challaned under Sections 306, 498-A and 120-B of IPC) at Police Station Kheri Pul, District Faridabad 2. Status report by way of an affidavit of Sh. Vinod Kumar, HPS Assistant Commissioner of Police, Old, District Faridabad, on behalf of the respondent-State, filed in the Registry is taken on record. 3. Brief facts of the case are that the present case was registered on the complaint of Morpal son of Siya Ram Sharma, on the allegations that the marriage of his daughter Savita Sharma (deceased) was solemnized with Vimal Sharma in the year 2011 and soon after the marriage, her in-laws started harassing and torturing her for bringing in- VINOD KOTHIYAL 2025.07.17 18:52 I attest to the accuracy and authenticity of this document CRM-M-12148-2025 2 sufficient dowry. He made a complaint in Police Station Gokulpuri, Delhi, however, the matter was compromised. They assured not to harass his daughter but after one year, they turned out his daughter from the matrimonial home and then she along with her husband stayed in the house, which was in the name of his wife at Bharat Colony. Even thereafter, his son-in-law used to harass his daughter and gave beatings to her. On 29.07.2023 at about 11:00 PM, he talked with his daughter and she was weeping and he made her understand. On 30.07.2023, he called Vimal on phone and asked him to let him talk with his daughter but he told that she was sleeping. At about 11:00 PM Vimal made a telephonic call and told that they were in Asian Hospital, Sector-88, Faridabad. When they reached at Asian Hospital, they found his daughter Savita dead and on enquiry from the staff, they come to know that Savita was brought dead. On this complaint, the instant FIR was registered. 4. Learned counsel for the petitioner, inter alia, submits that the petitioner is innocent and has been falsely implicated in the present case. He submits that the alleged incident has taken place due to the matrimonial dispute between the co-accused Vimal Sharma and the deceased-Savita. The petitioner is the mother-in-law of the deceased- Savita who is living separately since the year 2016 which fact has been mentioned in the FIR itself and in support of the said averments affidavit dated 08.12.2015 (Annexure P-3) and publication in the newspaper (Annexure P-4) have been annexed with the instant petition. He submits that in fact, the deceased was suffering from epilepsy since VINOD KOTHIYAL 2025.07.17 18:52 I attest to the accuracy and authenticity of this document CRM-M-12148-2025 3 year 2012. He further submits that the ingredients of commission of offence punishable under Section 306 of IPC are not attracted at all and there is nothing on record to show that the petitioner has abetted the suicide of the deceased, rather, her death occurred due to overdoes of medicines of epilepsy, as mentioned in the post-mortem report itself. 5. Learned counsel for the petitioner further submits that co- accused Rakhi has been granted concession of regular bail vide order dated 14.11.2024 passed by the Coordinate Bench of this Court in CRM-M-55856-2024. He submits that the petitioner is behind the bars since 09.12.2024 and she is not involved in any other case. He also submits that the investigation in the present case is complete; challan stands presented and now the case is fixed for 23.07.2025 before the Trial Court for prosecution witnesses. The trial is likely to take a considerable time to conclude and therefore, no fruitful purpose would be served by detaining the petitioner behind the bars. 6. Per contra, learned State counsel, while referring to the averments made in the status report, has vehemently opposed the prayer for grant of regular bail to the petitioner on the ground that there were WhatsApp chats between co-accused Vimal and Rakhi, as per which the petitioner was involved in the conspiracy to get rid of deceased-Savita by ensuring her death. However, she could not refute the factual position that out of total 16 prosecution witnesses, none has been examined so far. She has also produced custody certificate dated 15.07.2025 in the Court which is taken on record. As per the custody certificate, the VINOD KOTHIYAL 2025.07.17 18:52 I attest to the accuracy and authenticity of this document CRM-M-12148-2025 4 petitioner is in custody for the last more than 07 months and she is not involved in any other case. 7. I have heard learned counsel for the parties and perused the record. 8. Keeping in view the custody period of the petitioner, which is 07 months and 07 days and the facts that co-accused Rakhi has been granted concession of regular bail, vide order dated 14.11.2024, passed by the Coordinate Bench of this Court, challan has been presented; charges have been framed and out of total 16 prosecution witnesses, none has been examined so far; the petitioner is not involved in any other case and the trial may take a considerable time to conclude, therefore, the petitioner is ordered to be released on regular bail during trial on her furnishing bail bonds/surety bonds to the satisfaction of Illaqa Magistrate/Trial Court. 9. The petition stands disposed of accordingly. 10. However, anything observed hereinabove shall not be treated as an expression of opinion on the merits of the case and is meant for the purpose of deciding the present petition only. 17.07.2025 (NAMIT KUMAR) kothiyal JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No VINOD KOTHIYAL 2025.07.17 18:52 I attest to the accuracy and authenticity of this document