Lachhman Dass @ Lachhu v. State Of Punjab

Crl.Misc. No.M-33241 of 2015

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl.Misc. No.M-33241 of 2015 Date of Decision : 5.10.2015 Lachhman Dass @ Lachhu ......Petitioner Vs.

State of Punjab ......Respondent ...

CORAM :

HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK ...

Present :

Mr. Sandeep Arora, Advocate for the petitioner. Mr. K.D. Sachdeva, Addl. A.G., Punjab.

...

1. To be referred to the Reporter or not ?

2. Whether the judgement should be reported in Digest ? RAMESHWAR SINGH MALIK, J Petitioner seeks bail pending trial in FIR No.140 dated 9.7.2015 under Sections 4, 8 and 12 of Protection of Children from Sexual Offences Act, 2012 registered at Police Station Sadar, Distt.Jalandhar. Learned counsel for the petitioner refers to the medical report in para 6 of the petition, to contend that neither any external injury was seen nor any complaint of pain was there. Petitioner is inside the jail for the last about 3 months. He prays for allowing the present petition. On the other hand, learned counsel for the State, on instructions from Head Constable Avtar Singh, Police Station Sadar, Distt. Jalandhar, submits that the petitioner has been found indulging in the offence alleged against him with a child of tender age i.e. about 6 years, because of which he is not entitled for bail pending trial.

Having heard learned counsel for the parties and after careful GREESH SAHNI 2015.10.06 10:52 I attest to the accuracy and integrity of this document Chandigarh

Crl.Misc. No.M-33241 of 2015 perusal of the record of the case, this court is of the considered opinion that since the medical report has gone undisputed on record, petitioner has been found entitled for bail pending trial. Prosecution evidence is yet to start and conclusion of trial will take some time.

In view of the above and without commenting anything further on the merits of the case, lest it should prejudice the rights of either of the parties, instant petition is allowed. Petitioner is directed to be released on bail pending trial on his furnishing adequate bail bonds/surety bonds to the satisfaction of the learned trial court.

Disposed of, accordingly.

5.10.2015 (RAMESHWAR SINGH MALIK) GS JUDGE GREESH SAHNI 2015.10.06 10:52 I attest to the accuracy and integrity of this document Chandigarh