High Court of Punjab and HaryanaCRM-M/20919/2018disposed of

Thakur Dass v. State Of Punjab

2018-06-01Mr. Justice Jasgurpreet Singh Puri2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-20919-2018 Date of decision: 01.06.2018 Thakur Dass

...Petitioner

Versus

State of Punjab

...Respondent

***** CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Ankit Chowdhri, Advocate, for the petitioner.

Mr.Nikhil Chopra, Addl. A.G., Punjab.

**** 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. 20 dated 10.02.2018 under Sections 354 & 354-A IPC registered at Police Station Longowal, District Sangrur.

It is contended by learned counsel for the petitioner that the matter in fact has been compromised between the parties and a Criminal Misc. M-20428 of 2018 has already been filed seeking quashing of the FIR on the basis of compromise, wherein parties have been directed to get their statements recorded regarding the genuineness of the compromise. Mr.Nikhil Chopra, learned Addl. A.G., Punjab, appearing on behalf of the respondent-State opposes the grant of regular bail, however, is not able to rebut the fact that the matter has been compromised and a Satyawan 2018.06.01 15:45 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-20919-2018 -2petition for quashing of the FIR has already been filed, wherein the parties have been directed to get recorded their statements regarding the genuineness of the compromise.

I have heard learned counsel for the parties and in view of the fact that the parties have compromised the matter and a petition for quashing of the FIR has already been filed, wherein the parties have been directed to get recorded their statements regarding the genuineness of the compromise; 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(ii) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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.

01.06.2018 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

Satyawan 2018.06.01 15:45 I attest to the accuracy and authenticity of this document High Court Chandigarh