Gurmukh Singh v. State Of Punjab

CRM-M-15174 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-15174 of 2017 Date of Decision: 22.05.2017 Gurmukh Singh ....Petitioner

VERSUS

State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr.Suveer Sheokand, Advocate for the petitioner.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.16 dated 26.01.2017 registered for offences punishable under Sections 379-B, 420, 473 read with Section 34 of Indian Penal Code (for short, "IPC") at Police Station Sarabha Nagar, District Ludhiana. Heard.

Notice of motion.

On asking of the court, Ms. Bhavna Gupta, DAG, Punjab, who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with her.

Learned counsel for the petitioner submits that the matter has since been compromised with complainant.

Learned State counsel on instructions from ASI Nishan Singh submits that prosecution has examined complainant, her husband and son and all have turned hostile.

Jitender Kumar 2017.05.23 13:00 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-15174 of 2017 -2In view of above but without expressing any opinion on merits of the case and keeping in view the fact that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Gurmukh Singh is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- (a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh. (c) He shall not leave the country without the previous permission of the Court.

May 22, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.05.23 13:00 I attest to the accuracy and integrity of this document CHANDIGARH