Jai Kishan v. Ut Of Chandigarh

CRM-M-40238-2017 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-40238-2017 Date of decision: 01.11.2017 Jai Kishan ..... Petitioner

Versus

UT, Chandigarh ..... Respondent

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Saurabh Sharma, Advocate for the petitioner. Mr. Parveen Chauhan, Advocate for Mr. GDS Wasu, APP for UT, Chandigarh.

RAMENDRA JAIN, J. (ORAL) 1.

Through this petition under Section 439 Cr.P.C., petitioner-Jai Kishan, has prayed for grant of regular bail in case FIR No. 12 dated 11.01.2017, registered under Sections 323, 341 and 395 IPC at Police Station Sector-31, Chandigarh.

2.

According to the prosecution, the petitioner along with his accomplice on the point of knife robbed complainant-Rahul for ` 300/- and also gave b eatings to him with bricks, sticks, kicks and fist blows. 3.

Learned counsel for the petitioner contends that co-accused of the petitioner have filed CRM-M-36937-2017 for quashing of the instant FIR, on the basis of compromise in which vide order dated 29.09.2017, notice of motion was issued by a co-ordinate Bench of this Court and the parties were directed to appear before the trial Court/Area Magistrate, on 13.11.2017 for recording their statements. Since, the petitioner is in Rishu Kataria 2017.11.01 18:13 I attest to the accuracy and authenticity of this document custody, therefore, he could not make compromise with the complainant and

CRM-M-40238-2017 -2in case, he is granted regular bail, there is every likelihood of compromise in between him and the complainant.

4.

On the other hand, learned State counsel vehemently opposed the submissions made by learned counsel for the petitioner. 5.

I have given anxious consideration to the submissions made by learned counsel for the parties.

6.

Considering the overall facts and circumstances of the case, but without expressing any opinion on the merits and that the complainant has compromised with co-accused of the petitioner, who have filed aforesaid CRM-M-36937-2017, for quashing of impugned FIR against them on the basis of compromise and also the fact that conclusion of the trial may take time, the instant petition is allowed. Petitioner-Jai Kishan, is ordered to be released on bail pending trial, subject to his furnishing adequate bail bonds and surety bonds to the satisfaction of trial Court/Duty Magistrate, Chandigarh.

November 01, 2017 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Rishu Kataria 2017.11.01 18:13 I attest to the accuracy and authenticity of this document