High Court of Punjab and HaryanaCRM-M/38649/2016allowed

Surinder Singh @ Chhinda v. State Of Punjab & ANR

2016-11-10Mrs. Justice Raj Rahul Garg2 pages

CRM-M-38649-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-38649-2016 Date of Decision:- 10.11.2016 Surinder Singh @ Chhinda ....Petitioner

Versus

State of Punjab and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Rajesh Duhan, Advocate, for the petitioner.

Ms. Manpreet Dhaliwal, AAG, Punjab.

**** RITU BAHRI, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner, in a criminal complaint case No.59 dated 15.09.2010, under Section 406, 498-A and 34 IPC titled Lakhwinder Kaur Vs. Surinder Singh @ Chhinda, in which, he was declared proclaimed offender. Learned counsel for the petitioner submits that the petitioner along with his parents were summoned to face the trial of the case and due to non-appearance of the petitioner, he was declared proclaimed offender on 22.10.2014 whereas his parents was convicted and sentenced to undergo RI for one year by the learned JMIC, Samana, vide judgment dated 02.02.2015. Thereafter, the parents of the petitioner filed an appeal against the said judgment before the Court of Addl. Sessions Judge, Patiala whereby they Naresh Kumar 2016.11.11 15:17 I attest to the accuracy and integrity of this document Chandigarh were acquitted, vide judgment dated 29.05.2015. The case of the petitioner

CRM-M-38649-2016 -2is that the complainant has filed the false complaint against him by mentioning wrong address with mala-fide intention. He has never received any summon and has no knowledge about the pendency of the case. Nothing is to be recovered from the petitioner. Moreover, the petitioner is in custody since 24.05.2016 and no useful purpose will be served to keep him in custody.

I have heard the learned counsel for the parties and with their able assistance gone through the material available on record. The petitioner was arrested on 24.05.2016. Since then, he is in judicial custody and no useful purpose would be served to further detain him in jail. The final conclusion of trial will take a long time. In view of above facts, the present petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of learned trial Judge/Duty Magistrate, Patiala.

Needless to mention that, nothing observed here-in-above, would reflect, on merits in the trial of the main case, in any manner. November 10, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2016.11.11 15:17 I attest to the accuracy and integrity of this document Chandigarh