High Court of Punjab and HaryanaCRM-M/21539/2021disposed of

Shabaz v. State Of Ut Chandigarh

2021-06-11Mr. Justice Girish Agnihotri2 pages

CRM-M-21539-2021 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

CRM-M-21539-2021 Date of Decision: June 11, 2021 Shabaz .........Petitioner.

VERSUS

State of UT Chandigarh ........Respondent.

CORAM:- Hon'ble Mr. Justice Girish Agnihotri

Present:

Mr. Suveer Sheokand, Advocate for Mr. Mohit Garg, Advocate for the petitioner.

******* GIRISH AGNIHOTRI, J. (Oral) The matter has been taken up through video-conferencing on account of restrictions due to outbreak of pandemic COVID-19. Petitioner-Shabaz, stated to be aged 25 years, has filed the present petition inter alia with a prayer for grant of regular bail to him in case FIR No.174 dated 19.11.2020 (Annexure P-1) registered under Sections 363, 366 of Indian Penal Code, at Police Station Mani Majra, Chandigarh.

Learned counsel for the petitioner submits that petitioner is a young boy aged 25 years and is in custody since 20.11.2020. Learned counsel for the petitioner further submits that the victim in her statement under Section 161 or 164 Cr.P.C. had not stated that petitioner had seduced or forced her to illicit intercourse.

SACHIN MEHTA 2021.06.12 11:14 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M-21539-2021 -2Notice of motion.

Mr. D.S. Brar, APP accepts notice on behalf of respondent-UT, Chandigarh.

Learned APP for respondent-UT Chandigarh, on instructions from ASI Kuldeep Singh, submits that investigation in this case is complete. Challan was presented on 12.01.2021. Charges were framed on 15.03.2021. There are total 14 witnesses and none has been examined till date. In view of the peculiar facts noticed above and the present situation due to COVID-19 and also the fact that trial is likely to take some time, this Court deems it appropriate to direct release of the petitioner on regular bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate concerned, subject to his furnishing bail bonds/surety bonds. However, it is made clear that anything observed herein shall not be construed as an expression on merits of the case. Accordingly, the present petition stands disposed of. ( GIRISH AGNIHOTRI ) June 11, 2021.

JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No SACHIN MEHTA 2021.06.12 11:14 I attest to the accuracy and authenticity of this document High Court, Chandigarh