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High Court of Punjab and HaryanaCRM-M/9475/2018allowed

Krishan v. State Of Haryana

2018-04-24Mrs Justice Daya Chaudhary2 pages

IN THE HIGH COURT OF PUNJAB AND HARYNA AT

CHANDIGARH CRM-M-9475-2018 Date of decision: 24.04.2018 Krishan ... Petitioner VS State of Haryana ... Respondent

CORAM:

HON'BLE MRS. JUSTICE LISA GILL

Present:

Mr. Sanjiv Gupta, Advocate for the petitioner.

Mr. Ramesh Kumar, AAG, Haryana.

**** Lisa Gill, J. (Oral) The petitioner prays for bail pending trial in FIR No.01 dated 10.01.2018 under Section 377 IPC registered at Police Station Women Cell, District Sirsa.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case due to matrimonial discord with his wife and number of litigations are pending between the parties. He further submits that the victim has since been examined in this case before the trial Court. It is, thus, prayed that this petition be allowed. Heard learned counsel for the parties.

Learned counsel for the State, on instructions, from ASI Kulwant Kaur verifies that after the presentation of final report under Section 173 Cr.PC, victim/complainant has deposed before the trial Court. There are no allegations that the petitioner is likely to abscond or not be available to face trial. Trial in this case is not likely to conclude in the near future.

Sonia Bura 2018.04.25 13:47 I attest to the accuracy and integrity of this document chandigarh

CRM-M-9475-2018 -2No useful purpose shall be served by keeping the petitioner incarcerated any longer. Keeping in view the facts and circumstances noted above but without expressing any opinion on the merits of the case, it is considered just and expedient to allow this petition. Consequently, the petitioner be released on bail pending trial subject to his furnishing requisite bail bonds and surety to the satisfaction of the learned trial Court.

It is reiterated that none of the observations made herein above are a reflection on the merits of the case and shall have no bearing on the trial.

24.04.2018 (LISA GILL) sonia JUDGE Whether speaking/non-speaking?

Yes/No Whether reportable?

Yes/No Sonia Bura 2018.04.25 13:47 I attest to the accuracy and integrity of this document chandigarh