Randhir Singh v. State Of Punjab

CRM No.M-34048 of 2016 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl. Misc. No.M- 34048 of 2016(O&M) Date of Decision: January 17 , 2017.

Randhir Singh ...... PETITIONER (s)

Versus

State of Punjab ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Jaswinder Singh, Advocate for the petitioner.

Ms. Shivali, AAG, Punjab.

*****

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.126 dated 07.09.2016, under Sections 354A/354B/342/ 509/34 IPC, registered at Police Station Bassi Pathana, District Fatehgarh Sahib.

It is submitted that there is an unexplained delay in lodging the FIR. Furthermore, the complainant held a grudge against the petitioner as he had refused to issue a birth certificate of the complainant's son in English on the same day. The petitioner had requested them to get the certificate issued as per procedure of the department. The complainant's son had made a complaint Omkar Singh 2017.01.18 11:57 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-34048 of 2016 [2] in this respect on 12.05.2016. Co-accused Dharampal has been found innocent during investigation. It is contended that the petitioner is a government employee working in the same department and he would not indulge in such behaviour. It is submitted that the petitioner has joined investigation pursuant to order dated 24.09.2016 of this Court.

Learned counsel for the State, on instructions from ASI Balbir Singh, submits that the petitioner has indeed joined investigation and he is not required for custodial interrogation. No recovery is to be effected from him. It is verified that co-accused Dharampal was found innocent during investigation.

There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. In view of the above but without commenting or expressing any opinion on the merits of the case, this petition is allowed. Order dated 24.09.2016 is made absolute.

( LISA GILL ) January 17 , 2017.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Omkar Singh 2017.01.18 11:57 I attest to the accuracy and authenticity of this document Chandigarh