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Wednesday, January 19, 2022

High Court stays arrest of man summoned for wife’s ‘murder’ after eight years

The petitioner, Manoj, through his counsel M M Dhonchak moved the HC seeking anticipatory bail in the criminal complaint of February 2014

By: Express News Service | Chandigarh |
December 20, 2021 7:31:32 am
Ajay Mishra Shukla is among the 14 people the SIT has named in its chargesheet, and the first and only person to receive bail in the case.(Representational Image)

The Punjab and Haryana High Court has stayed the arrest of a man summoned for his wife’s alleged murder almost after eight years, and granted him interim bail. He has submitted that it was a case of suicide.

The petitioner, Manoj, through his counsel M M Dhonchak moved the HC seeking anticipatory bail in the criminal complaint of February 2014, wherein the Sonipat JMIC has summoned him in the case entitled Surjit versus Manoj Kumar for commission of offence punishable under section of murder.

Advocate Dhonchak argued that initially an FIR, dated August 31, 2013, was registered by Manoj against Surjit for abetment to suicide and criminal intimidation under the IPC and Arms Act at Kharkhoda police station, Sonipat district. Later, Surjit filed the present complaint alleging that his marriage was solemnised with Jyoti on January 12, 2013, and he had filed a protection petition before this court. However, in the meantime, Jyoti’s parents took her away and he had to withdraw the said petition.

Manoj’s counsel submitted that the present complaint before the Sonipat court has been filed with the allegations that all the accused persons, in conspiracy with each other, had administered some poisonous substance to Jyoti and she died. It was submitted by the petitioner that he is in fact the husband of deceased Jyoti and it was a case of extra-marital affair between complainant Surjit and Jyoti, and on that account, Jyoti had committed suicide, which is being given colour of murder by the present complaint. However, Manoj submitted that he had been summoned after the lapse of a period of about eight years from the alleged date of incident. He is ready to surrender before the trial court and apply for grant of regular bail.

After hearing the matter, a Bench of Justice Arvind Singh Sangwan ordered, “In the meantime, the petitioner is directed to appear before the trial court within a period of 15 days from today and on doing so, the trial court shall release him on interim bail, subject to his furnishing bail/surety bonds to its satisfaction.” “Till the time, the petitioner surrenders before the trial court, his arrest shall remain stayed,” Justice Sangwan ordered. The next date of hearing is March 22, 2022.

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