Sham Sunder Lal v. State Of Punjab

CRM-M No.4795 of 2022 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.4795 of 2022 (O&M) Date of Decision.28.02.2022 Sham Sunder Lal

...Petitioner

Vs State of Punjab

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Surjit Singh Swaich, Advocate for the petitioner.

Mr. A.S. Gill, Sr. DAG, Punjab.

Ms. Ankita Malhotra, Advocate for the complainant.

-.- JAISHREE THAKUR J. (ORAL) Reply filed on behalf of the respondent-State is taken on record. This is a petition that has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR No.49 dated 17.12.2021 registered under Sections 196, 200, 420, 467, 468, 120B IPC (Section 467 IPC added later on) at Police Station NRI, District Police Commissionerate Ludhiana, District Ludhiana.

Learned counsel appearing for the petitioner would contend that the petitioner is in custody since 29.12.2021 and no offence is made out against the petitioner as alleged in the FIR, as the dispute is of civil nature. It is further contended that matter has been compromised between the parties and therefore, no useful purpose would be served in keeping the petitioner behind bars.

Learned counsel appearing for the respondent-State opposes grant of regular bail to the petitioner by contending that allegations levelled PANKAJ KUMAR 2022.02.28 15:05 I attest to the accuracy and authenticity of this document

CRM-M No.4795 of 2022 (O&M) -2against the petitioner are serious in nature and the investigation is still incomplete.

At this stage, appearance has been caused on behalf of the complainant, who submits that pending investigation, matter stands compromised and she has no objection in case the petitioner is released on regular bail.

I have heard learned counsel for the parties and have perused the paper book. Keeping in view the fact that the matter has been compromised between the parties and counsel for the complainant has no objection in case the petitioner is released on regular bail and the fact that the trial is likely to take some time to conclude, no useful purpose would be served in keeping the petitioner behind bars. Consequently, the instant petition is allowed and the petitioner is directed to be released on regular bail on his execution of adequate personal/surety bonds 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) February 28, 2022 JUDGE Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2022.02.28 15:05 I attest to the accuracy and authenticity of this document