High Court of Punjab and HaryanaCRM-M/24085/2020allowed

Sabba v. State Of Punjab

2020-09-10Ms. Justice Jaishree Thakur2 pages

CRM-M No.24085 of 2020 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.24085 of 2020 (O&M) Date of Decision.10.09.2020 (Heard through VC) Sabba

...Petitioner

Vs State of Punjab

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. D.S. Pheruman, Advocate for the petitioner.

Ms. Monika Jalota, DAG, Punjab.

-.- JAISHREE THAKUR J. (ORAL) This is a petition that has been filed for grant of regular bail to the petitioner in case FIR No.68 dated 08.08.2017 registered under Sections 376, 302, 511, 307, 450, 34 IPC at Police Station Bhindi Saidan, District Amritsar Rural.

Learned counsel for the petitoner herein would contend that the petitioner has falsely been implicated in the aforesaid FIR as would be evident from the fact that the matter stands compromised on 13.10.2017, while further submitting that the co-accused have already been granted bail by this Court in CRM-M No.3820 of 2020 and CRM-M No.21203 of 2020 decided on 22.07.2020 and 31.07.2020 respectively. Learned counsel appearing for the respondent-State while opposing the grant of bail would submit that any compromise under Section 302 IPC would be of no effect, being a heinous crime and therefore, the matter cannot be compromised.

I have heard learned counsel for the parties. PANKAJ KUMAR 2020.09.10 14:54 I attest to the accuracy and integrity of this document

CRM-M No.24085 of 2020 (O&M) -2Keeping in view the fact that the investigation is complete and the co-accused have already been allowed bail by this Court, coupled with the fact that the trial is likely to take some time to conclude as due to COVID-19 situation, Courts are not working at their full strength and not taking up ordinary hearing matters, this Court deems it appropriate to grant regular bail to the petitioner as 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) JUDGE September 10, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.09.10 14:54 I attest to the accuracy and integrity of this document