High Court of Punjab and HaryanaCRM-M/22632/2020allowed

Aman Parcha v. State Of Punjab

2020-08-19Mr. Justice Gurvinder Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-22632-2020 Date of decision:19.08.2020 AMAN PARCHA .....Petitioner

Versus

STATE OF PUNJAB .....Respondent CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL

Present:

Ms. Pridhi Jaswinder Sandhu, Advocate for the petitioner.

Mr. Ajay Pal Singh Gill, DAG, Punjab.

(the aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in Virtual Court) **** GURVINDER SINGH GILL , J. (ORAL)

1. The petitioner seeks grant of regular bail in a case registered against him vide FIR No.200 dated 10.9.2019 under Sections 363, 366-A, 376-D, 120-B IPC and Section 4 of POCSO Act, at Police Station Focal Point, District Ludhiana.

2. The FIR was registered at the instance of Pardeep Kaur wherein it has been alleged that his daughter (prosecutrix) is aged about 16 1⁄2 years and that on 6.9.2019 her daughter left home at about 4 :00 p.m stating that she has to go market but she did not return back. Later upon inquires having been made it surfaced that Aman Parcha had taken away his daughter on the pretext of marrying her.

GAURAV SOROT 2020.08.19 15:57 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-22632-2020

3. Learned counsel for the petitioner submits that FIR came to be lodged under some misunderstanding, which has now been resolved and the matter has been compromised and that the petitioner has filed quashing petition on the basis of compromise i.e. CRM-M-55143-2019, in which notice of motion has been issued.

4. Opposing the petition, learned State counsel has submitted that in view of the heinous nature of allegations against the petitioner, no case for grant of bail is made out. It has however been informed that the petitioner has been behind bars since last more than 11 months.

5. I have considered rival submissions addressed before this Court.

6. Having regard to the facts and circumstances of the case especially that the matter is stated to have been compromised amongst the parties and that the petitioner has been behind bars since last more than 11 months, further detention of the petitioner will not serve any useful purpose as conclusion of trial is likely to consume some time. The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. ( GURVINDER SINGH GILL) 19.08.2020 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2020.08.19 15:57 I attest to the accuracy and integrity of this document