High Court of Punjab and HaryanaCRM-M/43969/2018allowed

Sardool Singh v. State Of Punjab

2018-12-20Mr. Justice Jasgurpreet Singh Puri2 pages

CRM-M-43969-2018 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-43969-2018 Date of Decision: 20.12.2018 Sardool Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR Present:- Mr.Vikas Gupta, Advocate for the petitioner.

Mr. B.S. Sewak, Addl. A.G., Punjab.

***** JAISHREE THAKUR, J.

(Oral) This is a petition that has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 105 dated 18.05.2018, Sections 376 & 506 IPC, registered at Police Station City Patti Tarn Taran.

Mr. Amit Arora, Advocate, puts in appearance and files power of attorney on behalf of the complainant.

Learned counsel appearing on behalf of the petitioner would contend that the petitioner is the father-in-law of the complainant and has been falsely implicated in the said case as would be evident from the DNA report which has been received. DNA report would reflect that no human semen was detected on exhibits A-1, A-2 and B. SATYAWAN 2018.12.20 14:49 I attest to the accuracy and integrity of this document

CRM-M-43969-2018 -2Mr. B.S. Sewak, learned Addl. A.G., Punjab opposes the grant of regular bail, however, does not dispute the fact that the DNA report has been obtained and the same is negative.

I have heard learned counsel for the parties. In view of the facts that the petitioner herein has been incarcerated since 23.05.2018, the DNA report same is negative and the trial is likely to take some time to conclude, the present petition is allowed. Without expressing any opinion on merits of the case, the petitioner is ordered to be released on regular bail on furnishing bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, concerned subject to following terms:- (i) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(ii) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the accused shall have to apply for bail afresh before the trial Court.

(iii) He shall not leave the country without the previous permission of the Court.

20.12.2018 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

SATYAWAN 2018.12.20 14:49 I attest to the accuracy and integrity of this document