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High Court of Punjab and HaryanaCRM-M/2976/2020allowed

Mangat Ram v. State Of Punjab

2020-02-28Ms. Justice Jaishree Thakur2 pages

CRM-M No.2976 of 2020 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.2976 of 2020 Date of Decision:28.02.2020 Mangat Ram

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR Present:- Mr. Rishu Mahajan, Advocate for the petitioner.

Mr. Davinder Bir Singh, DAG, Punjab.

-.- JAISHREE THAKUR, J. (ORAL) 1.

The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No.69 dated 25.06.2019 under Sections 306, 312, 304-B, 316 IPC registered at Police Station Mohkampura, Amritsar to the petitioner, who is in custody since 25.06.2019. 2.

Learned counsel for the petitioner would contend that the petitioner has been falsely implicated in the said case, as would be evident from that fact that that earlier also, the complainant had withdrawn an FIR after having accepted an amount of `1,50,000/-. Earlier FIR had been registered qua his daughter Sapna having been abducted by one Kaku. It is submitted that statement of material witness namely the complainant has already been recorded wherein he has suffered a contradictory statement. At one stage, he turned hostile and in the same breath, he supported the version of FIR.

3.

Per contra, learned counsel appearing on behalf of the respondent-State opposes the bail application, while contending that the offences alleged against the petitioner are serious in nature and therefore, PANKAJ KUMAR 2020.03.02 17:52 I attest to the accuracy and integrity of this document

CRM-M No.2976 of 2020 -2the petitioner is not entitled to concession of regular bail. 4.

I have heard learned counsel for the parties. 5.

Since the trial court is likely to take some time as only two witnesses, out of total 18 witnesses, have been examined including the complainant, no useful purpose would served in keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal bond and surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.

(JAISHREE THAKUR) JUDGE February 28, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.03.02 17:52 I attest to the accuracy and integrity of this document