High Court of Punjab and HaryanaCRM-M/40491/2020allowed

Avtar Singh @ Manni v. State Of Punjab

2021-03-19Ms. Justice Jaishree Thakur2 pages

CRM-M No.40491 of 2020 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.40491 of 2020 (O&M) Date of Decision.19.03.2021 (Heard through VC) Avtar Singh @ Manni

...Petitioner

Vs State of Punjab

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Rahul Sharma, Advocate for the petitioner.

Ms. Samina Dhir, DAG, Punjab.

-.- JAISHREE THAKUR J. (ORAL) CRM No.6817 of 2021 Application is allowed.

Annexures A-1 and A-2 are taken on record.

CRM-M No.40491 of 2020 The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.225 dated 22.06.2020 registered under Section 376 IPC and Section 4 of the POCSO Act at Police Station Sadar Dhuri, District Sangrur. Counsel for the petitioner herein would contend that the petitioner has wrongly been implicated in the said matter, as would be evident from the fact that the prosecturix, who was examined on 10.02.2021 has not supported the prosecution version. It is further contended that once the material witness has already been examined, the petitioner would not be in a position to influence the said witness. The trial is likely to take some PANKAJ KUMAR 2021.03.19 15:39 I attest to the accuracy and integrity of this document

CRM-M No.40491 of 2020 (O&M) -2time to conclude and therefore, prays for concession of bail to the petitioner. Counsel for the respondent-State opposes grant of bail to the petitioner while contending that the offence committed is serious and grave in nature.

I have heard learned counsel for the parties. Keeping in view the fact that the material witnesses has been examined, who did not support the case of the prosecution and the trial is likely to take some time to conclude, no useful purpose would be served by 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 March 19, 2021 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2021.03.19 15:39 I attest to the accuracy and integrity of this document