High Court of Punjab and HaryanaCRM-M/26715/2021allowed

Mahesh Singh Inder v. State Of Punjab

2021-07-16Ms. Justice Jaishree Thakur2 pages

PANKAJ KUMAR 2021.07.16 18:53 CRM-M No.26715 of 2021 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.26715 of 2021 (O&M) Date of Decision:16.07.2021 (Heard through VC) Mahesh Singh Inder

...Petitioner

Versus

State of Punjab

...Respondent

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

Ms. Rashmi Attri, AAG, Punjab.

Mr. Naveen Sharma, Advocate for the complainant.

**** JAISHREE THAKUR, J.

(ORAL) This is a petition that has been filed for grant of regular bail to the petitioners in FIR No.77 dated 19.05.2021 registered under Sections 354, 354-D IPC and Section 12 of the POCSO Act at Police Station City Sangrur, District Sangrur.

Learned counsel for the petitioner herein would contend that the petitioner has been implicated falsely in the said FIR. It is further contended that custodial interrogation of the petitioner would no longer be required as the investigation has been completed and the challan stands presented. Moreover, the matter has been compromised inter se parties and the complainant would have no objection in case the regular bail is allowed to the petitioner. The trial is likely to take some time to conclude and therefore, prays for concession of bail to the petitioner.

CRM-M No.26715 of 2021 (O&M) -2Learned counsel for the respondent-State opposes grant of bail to the petitioner by contending that the allegations levelled against him are serious in nature, however, she does not dispute the fact that material witness has turned hostile.

At this stage, appearance has been caused on behalf of the complainant, who confirms the factum of compromise, while contending that the complainant would have no objection in case regular bail is granted to the petitioner.

I have heard learned counsel for the parties. Keeping in view the fact that the matter has been investigated and the challan stands presented and the fact that matter has been compromised between the parties and the complainant would have no objection in case bail is granted to the petitioner, no useful purpose would be served in keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.

(JAISHREE THAKUR) July 16, 2021 JUDGE Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No