High Court of Punjab and HaryanaCRM-M/23236/2018disposed of

Gurjeet Singh v. The State Of Punjab

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

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-23236-2018 Date of decision: 01.06.2018 Gurjeet Singh

...Petitioner

Versus

State of Punjab

...Respondent

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

Present:

Mr. Charanpreet Singh, 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. 468 dated 07.11.2017 under Sections 346/ 363/ 366A/ 376 / 120-B IPC registered at Police Station Sadar Jagroan, District Ludhiana. It is contended by learned counsel for the petitioner that the petitioner has been in custody since 10.11.2017. Learned counsel for the petitioner contends that no allegations under Section 376 IPC have been made out against him while falsely implicating him that he took the prosecutrix to his house from where she was taken by Monu, the persons who is said to have committed the offence under Section 376 IPC. Mr.Nikhil Chopra, learned Addl. A.G., Punjab, appearing on behalf of the respondent-State opposes the grant of regular bail on the Satyawan 2018.06.01 15:45 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-20919-2018 -2ground that there are serious allegations against the petitioner. I have heard learned counsel for the parties and in view of the fact that the petitioner herein has been in custody since 10.11.2017; investigation in the case has been completed; allegations of offence under Section 376 IPC are against the co-accused Monu, 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(ii) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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