High Court of Punjab and HaryanaCRM-M/24077/2017allowed

Priya v. State Of Punjab

2017-08-08Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-24077 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-24077 of 2017 Date of Decision: 08.08.2017 Priya ....Petitioner

VERSUS

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

Present:

Mr. Vipin Mahajan, Advocate for the petitioner.

Mr. Ajay Pal Singh Gill, DAG, Punjab.

Mr. Rimple Saini, Advocate for the complainant.

******* 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.48 dated 02.04.2017 registered for offences punishable under Sections 365, 367, 325, 323, 328, 406 read with Section 120-B of Indian Penal Code (for short, "IPC") at Police Station Division no. 2, Pathankot. Heard.

Learned counsel for petitioner submits that matrimonial dispute between complainant and petitioner has since been amicably settled and a petition (CRM-M-28728-2017) seeking quashing of FIR has been filed, which has now been listed for 31.10.2017.

As per allegation of complainant, petitioner had connived with certain persons and made him sit in a car and also gave him beatings. Learned counsel appearing for complainant has endorsed the submission made by learned counsel for the petitioner that the matter has Jitender Kumar 2017.08.08 17:09 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-24077 of 2017 -2since been amicably settled between the parties. In 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-Priya 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(b) In the event of her absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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 her bail bond and surety bond and proceed to procure her presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh. (c) She shall not leave the country without the previous permission of the Court.

August 08, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.08.08 17:09 I attest to the accuracy and integrity of this document CHANDIGARH