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High Court of Punjab and HaryanaCRM-M/25651/2018allowed

Payal Mohapatra v. State Of Punjab

2018-06-20Mr. Justice Ashok Kumar Verma2 pages

CRM-M-25651-2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-25651-2018 Date of decision : 20.06.2018 Payal Mohapatra ... Petitioner(s)

Versus

State of Punjab ... Respondent(s)

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Kiran Kumar, Advocate for the petitioner.

Ms. Rashmi Attri, AAG, Punjab.

**** AMIT RAWAL, J. (ORAL) The petitioner has approached this Court under Section 439 of the Code of Criminal Procedure for regular bail in case FIR No.06 dated 20.01.2018 under Sections 406, 420, 120-B IPC and Section 24 of Immigration Act, registered at Police Station Navi Baradari, Jalandhar. Custody certificate has been filed in Court today, which is taken on record, subject to all just exceptions. Learned State counsel on instructions from ASI Kirpal Singh, submits that statement of the complainant has not been recorded as the complainant has not arrived.

Learned counsel for the petitioner submits that when the application for bail of the petitioner was submitted before the Judicial Magistrate First Class, Jalandhar, the complainant-Rajinder Singh had Yogesh Sharma 2018.06.20 16:22 I attest to the accuracy and integrity of this document

CRM-M-25651-2018 suffered the following statement:- "Statement of Rajinder Singh s/o Sh. Jagir Singh r/o H. No.281, Punjab Avenue, Ladhewali, Tehsil and District Jalandhar.

Stated that I have compromised matter with accused Payal Mohapatra vide compromise deed dated 25.04.2018 i.e. Ex.P1. I have no objection if the accused is released on bail in the present case. I undertake to give statement in view of above said compromise for quashing of above said FIR. I have brought my original Aadhaar Card today. Copy of same is Ex.P-2."

The petitioner is behind jail since 10.04.2018. Without commenting upon the merit and demerit of the matter, I deem it appropriate to allow the present criminal petition and the petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of CJM/Duty Magistrate, Jalandhar. ( AMIT RAWAL) JUDGE 20.06.2018 Yogesh Sharma  Whether speaking/reasoned Yes/ No  Whether Reportable Yes/ No Yogesh Sharma 2018.06.20 16:22 I attest to the accuracy and integrity of this document