Dalbeer Singh v. State Of Punjab

Crl. Misc. No. M-39766 of 2017 [ 2 ]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl. Misc. No. M-39766 of 2017 Date of Decision : November 08, 2017 Dalbeer Singh .......................................................................Petitioner

Versus

State of Punjab ................................................................... Respondent CORAM : HON'BLE MRS. JUSTICE LISA GILL ...

Present:

Mr.Ashish Aggarwal, Advocate for the petitioner.

Mr. Saurav Khurana, DAG, Punjab.

Mr. Padam Kant Dwivedi, Advocate for the complainant.

...

LISA GILL, J. (Oral) The petitioner seeks the concession of bail pending trial in FIR No. 34 daed 17.04.2017 under Sections 376, 506 IPC registered at Police Station Valtoha, District Tarn Taran.

It is submitted that the petitioner has been falsely implicated in this case. Reference is made to CRM No.M-19496 of 2017 (Annexure P4) moved by the alleged victim in this case against her own husband and other family members. The victim has taken a stand that she was pressurized into suffering a statement against the petitioner. Similarly situated co-accused Kulbeer Singh, it is submitted, has been afforded the concession of anticipatory bail in CRM-M-33309 of Rupinder Kaur 2017.11.10 13:52 I attest to the accuracy and integrity of this document

Crl. Misc. No. M-39766 of 2017 [ 2 ] 2017 by this Court today itself.

Learned counsel for the complainant verifies that the victim was pressurized by her husband to lodge the present FIR. The above said averments are verified by learned counsel for the State, on instructions from SI Joginder Singh, Police Station Valtoha, District Tarn Taran. The complainant admittedly suffered a statement on 14.10.2017 before the police authorities to the effect that she was pressurized to make a statement against the accused in the above mentioned FIR. It is further verified that the petitioner is not reported to be involved in any other criminal case except the present and another FIR No. 62 dated 14.05.2017 under Sections 364, 365, 34 IPC registered at the instance of the complainant's husband.

There are no allegations that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. No useful purpose shall be served by keeping the petitioner incarcerated any longer. Keeping in view the facts and circumstances noted above but without expressing any opinion on the merits of case, it is considered just and expedient to allow this petition. Consequently, the petitioner be released on bail pending trial subject to his furnishing requisite bail bonds and surety to the satisfaction of CJM, Tarn Taran. None of the observations made here-in-above shall be construed to be a reflection on merits of the case and shall have no bearing on trial.

( LISA GILL ) 08.11.2017 JUDGE rupi Note: Whether speaking/reasoned Yes / No Whether Reportable:

Yes / No Rupinder Kaur 2017.11.10 13:52 I attest to the accuracy and integrity of this document