Ved Mohammad v. State Of Punjab

CRM No.M-42930 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M- 42930 of 2017(O&M) Date of Decision: February 14 , 2018.

Ved Mohammad ...... PETITIONER (s)

Versus

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

Present:

Mr. Kunwar Rajan, Advocate for the petitioner.

Ms. Monika Jalota, DAG, Punjab.

***** LISA GILL, J.

Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.31 dated 02.05.2017 under Sections 306/34 IPC, registered at Police Station Bariwala, District Sri Muktsar Sahib. Contentions noted on behalf of the petitioner while issuing notice of motion in this petition on 14.11.2017, read as under:- "It is submitted that the petitioner during investigation was found innocent. He has been summoned to face trial as an additional accused on an application under Section 319 Cr.P.C. vide order dated 31.08.2017 (Annexure P-3). There is nothing on record to inculpate the petitioner except the statement of the complainant. It is submitted that the petitioner is ready and willing to face trial. He is not involved in any other criminal case."

Omkar Singh 2018.02.15 12:18 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-42930 of 2017 -2It is submitted that the petitioner has appeared before the learned trial court pursuant to order dated 14.11.2017 passed by this Court. Photocopies of orders dated 12.12.2017 and 29.01.2018 passed by the learned trial court have been produced in Court today to reflect that the petitioner has been afforded the concession of interim bail and is regularly appearing thereafter. It is submitted that the petitioner undertakes to face the proceedings and appear on each and every date fixed before the learned trial court. Therefore, it is prayed that this petition be allowed.

Learned counsel for the State, on instructions from HC Gurmail Singh, verifies 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 before 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, interim bail afforded to the petitioner be made absolute subject to his furnishing fresh bail bonds and surety to the satisfaction of the learned trial court.

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 ) February 14 , 2018.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Omkar Singh 2018.02.15 12:18 I attest to the accuracy and authenticity of this document Chandigarh