High Court of Punjab and HaryanaCRM-M/30682/2016allowed

Raju Alias Gomti Alias Om Parkash v. State Of Punjab

2016-10-06Mrs. Justice Raj Rahul Garg2 pages

CRM-M-30682-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-30682-2016 Date of Decision:- 06.10.2016 Raju alias Gomti alias Om Parkash ....Petitioner

Versus

State of Punjab ....Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. K.S. Sekhon, Advocate for the petitioner.

Mr. APS Gill, AAG, Punjab.

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

**** RITU BAHRI, J. (Oral) Present petition is for release of petitioner on regular bail in FIR No.85 dated 28.06.2016, under Section 354, 354-B, 452, 323 and 34 IPC, registered at Police Station Lambi, District Muktsar Sahib. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and nothing is to be recovered from him. So, he be released on regular bail. Vide order dated 04.10.2016, learned counsel for the complainant has informed that the complainant has been threatened by the petitioner and the other co-accused has been declared innocent. In this regard, she has given a complaint to ASI Malkiat Singh. Naresh Kumar 2016.10.17 11:10 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-30682-2016 -2Learned State counsel, on instructions from ASI Amrik Singh, has informed that no such complaint has been available in the police record. The FIR relates to two incidents of dated 13.07.2016. The matter has been compromised with other co-accused (real brother of the petitioner) and he has been declared innocent. Moreover, the challan in the present case has been presented on 20.09.2016 and the charges are yet to be framed. I have heard the learned counsel for the parties and with their able assistance gone through the material available on record. The petitioner was arrested on 07.07.2016. Since then, he is in judicial custody and no useful purpose would be served to further detain him in jail. The final conclusion of trial will take a long time. In view of above facts, the present petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of learned trial Judge/Duty Magistrate, Sri Muktsar Sahib.

Needless to mention that, nothing observed here-in-above, would reflect, on merits in the trial of the main case, in any manner. October 06, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2016.10.17 11:10 I attest to the accuracy and integrity of this document Chandigarh