High Court of Punjab and HaryanaCRM-M/34557/2018allowed

Major Singh v. State Of Punjab

2018-08-28Mr. Justice Jasgurpreet Singh Puri2 pages

CRM-M-34557-2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-34557-2018 Date of decision: 28.08.2018 Major Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Sanyam Malhotra, Advocate, for the petitioner.

Ms. Rajni Gupta, Sr. DAG, Punjab.

**** 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 case FIR No. 99 dated 19.04.2018 under Sections 363, 366 & 120-B of IPC, registered at Police Station Division No. 8, Jalandhar.

Learned counsel appearing on behalf of the petitioner contends that the petitioner had already disowned his son as far back as 04.07.2017 and the incident of kidnapping the neighbour's daughter was only on 13.04.2018. It is contended that the investigation in the matter is complete, challan has been presented and the charges have already been framed. In this background, he prays for grant of bail to the petitioner. Ms. Rajni Gupta, learned Sr. DAG, Punjab opposed the grant of regular bail while submitting that the allegations are serious in nature. Satyawan 2018.08.28 17:26 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-34557-2018 I have heard learned counsel for the parties. In view of the fact that challan has been presented and the charges have already been framed, custodial interrogation of the petitioner is not required, the present petition is allowed. Without expressing any opinion on merits of the case, the petitioner is ordered to be released on regular bail on furnishing bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, concerned subject to following terms:- (i) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(ii) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the accused shall have to apply for bail afresh before the trial Court.

(iii) He shall not leave the country without the previous permission of the Court.

28.08.2018 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

Satyawan 2018.08.28 17:26 I attest to the accuracy and authenticity of this document High Court Chandigarh