High Court of Punjab and HaryanaCRM-M/17785/2018disposed of

Sajid v. State Of Haryana

2018-05-21Mr. Justice Jasgurpreet Singh Puri2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-17785-2018 (O&M) Date of decision: 21.05.2018 Sajid

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Surinder Dagar, Advocate, for the petitioner.

Ms. Gaganpreet Kaur, AAG, Haryana.

**** JAISHREE THAKUR, J. (ORAL) This is a petition that has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 64 dated 27.02.2018 under Section 506 IPC and Sections 8 & 12 of the Protection of Children from Sexual Offences Act, 2012 registered at Police Station Sohna, District Gurugram.

It is contended by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case and he has been in custody since 01.03.2018. Learned counsel for the petitioner submits that challan has been presented in the Court on 26.03.2018 and the charges have been framed against him. Investigation in the case has been completed. It is also submitted that the trial is likely to take some time. Ms. Gaganpreet Kaur, learned AAG, Haryana appearing on behalf of the respondent-State opposes the grant of regular bail, however, is Satyawan 2018.05.22 16:32 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-17785-2018 -2not in a position to rebut the fact that the challan has been presented in the Court and the charges have been framed. He is no longer required for investigation.

I have heard learned counsel for the parties and in view of the fact that the petitioner herein has been in custody since 01.03.2018 and the trial is likely to take some time to conclude, without expressing any opinion on merits of the case, the present petition is allowed. Petitioner is ordered to be released on regular bail on furnishing bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, concerned subject to following terms:- (i) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(ii) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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 accused shall have to apply for bail afresh before the trial Court.

(iii) He shall not leave the country without the previous permission of the Court.

21.05.2018 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

Satyawan 2018.05.22 16:32 I attest to the accuracy and authenticity of this document High Court Chandigarh