High Court of Punjab and HaryanaCRM-M/40138/2017allowed

Dharamjit Bansal And ORS v. State Of Punjab

2017-12-20Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-40138-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-40138 of 2017 (O&M) Date of Decision: December 20, 2017.

Dharamjit Bansal @ Reema and others ..........PETITIONER(s).

VERSUS

State of Punjab ........RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Arjinder Singh Sidhu, Advocate for the petitioner (s).

Mr. C.L.Pawar, Sr. D.A.G., Punjab.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioners in case FIR No. 195 dated 19.08.2017 registered for the offences punishable under Sections 342, 386, 506 read with Section 149 of Indian Penal Code at Police Station Sangat, District Bathinda.

Heard.

The FIR in this case was registered on the statement of Ram Kumar @ Ramu, who stated that he is having a sweet shop in Mandi Dabwali and also working as property advisor. On 16.08.2017, he along with his friend Binder Singh had gone to see the house of Dharamjit Bansal @ Reema, who wanted to dispose of her house. Petitioners Dharamjit Bansal @ Reema, Manju @ Manu and Veerpal Kaur along with Pyare Lal @ Mani took them in a room where they were thrown on a bed and their Jyoti 2017.12.20 16:56 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH obscene video was prepared. Thereafter, under the threat of uploading that

CRM-M-40138-2017 -2video on social media, demand of `10 lac was raised, out of which `5 lac were paid to them.

Learned State counsel submits that the petitioners were arrested in this case on 19.08.2017. Recording of their voice and obscene video have been sent to FSL but the report has not been received so far. Keeping in view the fact that petitioners are in custody since 19.08.2017, after completion of investigation, police has presented the challan and trial is in progress and its conclusion will take considerably long time, the present petition is allowed. Petitioners- Dharamjit Bansal @ Reema, Manju @ Manu and Veerpal Kaur are ordered to be released on regular bail on furnishing bail bonds and surety bonds to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- a. The petitioners shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

b. In the event of their absence on any date of hearing, the benefit of bail allowed to the petitioners shall stand withdrawn. The trial Court shall be competent to cancel their bail bonds and surety bonds and proceed to procure their presence in accordance with law. In that eventuality the petitioners shall have to apply for bail afresh.

c. They shall not leave the country without the prior permission of the Court.

( SURINDER GUPTA ) December 20, 2017 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jyoti 2017.12.20 16:56 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH