Yadwinder Singh @ Sunny v. State Of Punjab

CRM No.M-42652 of 2016 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Criminal Misc. No.M- 42652 of 2016(O&M) Date of Decision: May 18 , 2017.

Yadwinder Singh @ Sunny ...... PETITIONER (s)

Versus

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

Present:

Mr. Veneet Sharma, Advocate for the petitioner.

Ms. Shivali, AAG, Punjab.

Mr. ADS Bal, Advocate for the complainant.

*****

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.

Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.273 dated 07.11.2016 under Section 306 IPC registered at Police Station Chherretta, Amritsar City, District Amritsar. It is submitted that perusal of the FIR itself shows that the offence punishable under Section 306 IPC is not made out against the petitioner in any manner. The petitioner as well as the deceased were known to each other. However, the allegations in the FIR registered on the statement of the mother of Omkar Singh 2017.05.19 10:49 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-42652 of 2016 [2] the deceased to the effect that there was a false promise of marriage, is incorrect. The petitioner as well as the deceased, it is submitted, were both working as Additional District Attorney. The petitioner has joined investigation pursuant to order dated 05.12.2016. Therefore this petition be allowed. Learned counsel for the State, on instructions from ASI Karamjit Singh, affirms and verifies that the petitioner has joined investigation. Mobile phone of the petitioner has also been recovered. Custodial interrogation of the petitioner is not required. It is further verified that the petitioner is not involved in any other criminal case.

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 in the Court, if released on bail. Keeping in view the facts and circumstances as above but without commenting upon or expressing any opinion on the merits of the case, this petition is allowed. Consequently, order dated 05.12.2016 is made absolute. In the event of arrest of the petitioner, he shall be released on bail to the satisfaction of Investigating Officer. The petitioner shall comply with the conditions stipulated in Section 438(2) Cr.P.C. 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 ) May 18 , 2017.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Omkar Singh 2017.05.19 10:49 I attest to the accuracy and authenticity of this document Chandigarh