Yadwinder Singh @ Jaadu v. State Of Punjab

PANKAJ KUMAR 2021.08.02 12:21 I am the author of this document CRM-M No.17690 of 2021 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.17690 of 2021 (O&M) Date of Decision:29.07.2021 (Heard through VC) Yadwinder Singh @ Jaadu

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR Present:- Mr. Arshdeep Singh Brar, Advocate for the petitioner.

Ms. Rashmi Attri, AAG, Punjab.

Mr. C.S. Jattana, Advocate for the complainant.

**** 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 FIR No.26 dated 01.03.2021 registered under Sections 354 IPC and Section 8 of the POCSO Act at Police Station Baghapurana, District Moga.

Learned counsel for the petitioner herein would contend that the petitioner has been falsely implicated in the said FIR. It is argued that the daughter of the complainant and the petitioner were known to each other. In fact, a compromise has arrived at between the parties and the complainant has furnished an affidavit, which is Annexure P-2 on record, wherein she stated that she does not want to proceed with the case any further and has no objection in case the petitioner is released on bail. The investigation has been completed and the challan stands presented,

CRM-M No.17690 of 2021 (O&M) -2therefore, custody of the petitioner would no longer be required. At this stage, appearance has been caused on behalf of the complainant, who would submit that the complainant has no objection in case regular bail is allowed to the petitioner herein. Learned counsel appearing on behalf of the respondent-State opposes grant of bail to the petitioner, however, is not in a position to dispute the fact that investigation has been completed and the challan stands presented.

I have heard learned counsel for the parties. Keeping in view the fact that the investigation has been completed and the challan stands presented and moreover, the matter has been compromised between the parties and the trial is likely to take some time to conclude, no useful purpose would be served in keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case. If the petitioner is found indulging in any similar activity, the respondent-State would be at liberty to move an appropriate application for cancellation of bail granted to the petitioner.

(JAISHREE THAKUR) July 29, 2021 JUDGE Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No