Angrej Khan Alias Gaji v. State Of Punjab

CRM No.M-35607 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M- 35607 of 2017(O&M) Date of Decision: February 14 , 2018.

Angrej Khan @ Gaji ...... PETITIONER (s)

Versus

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

Present:

Mr. Gurpal Singh Sandhu, Advocate for the petitioner.

Ms. Monika Jalota, DAG, 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.

The petitioner prays for bail pending trial in FIR No.31 dated 02.05.2017 under Section 306 IPC, registered at Police Station Bariwala, District Sri Muktsar Sahib.

It is submitted that marriage of the petitioner with the alleged victim (deceased) was solemnized 20 years prior to the unfortunate incident. This fact is mentioned in the FIR itself. There are three grown-up children out of this wedlock. It is debatable whether the allegations raised against the petitioner constitute an offence punishable under Section 306 IPC. Moreover, the Omkar Singh 2018.02.15 10:53 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-35607 of 2017 -2complainant in this case has since been examined in this case. The petitioner, it is submitted, is not involved in any other criminal case. It is thus prayed that this petition be allowed.

Learned counsel for the State, on instructions from HC Gurmail Singh, verifies that the petitioner is not involved in any other criminal case. It is affirmed that the complainant in this case has since testified before the learned trial court.

There are no allegations on behalf of the State that the petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts before the Court, if released on bail.

Keeping in view the facts and circumstances of the case but without commenting upon or expressing any opinion on the merits thereof, this petition is allowed. The petitioner be released on bail pending trial subject to his furnishing requisite bail bonds and surety to the satisfaction of the learned Trial Court. It is clarified that none of the observations made hereinabove shall be construed to be a reflection on the merits of the case. The same are solely confined for the purpose of decision of the present petition. ( LISA GILL ) February 14 , 2018.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Omkar Singh 2018.02.15 10:53 I attest to the accuracy and authenticity of this document Chandigarh