Punjab-Haryana High Court
Sushil Kumar vs State Of Punjab on 6 October, 2017
Author: Lisa Gill
Bench: Lisa Gill
CRM-M-10063 of 2017(O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
CRM-M-10063 of 2017(O&M)
Date of decision : 06.10.2017
Sushil Kumar
...... Petitioner
Versus
State of Punjab
........ Respondent
CORAM : HON'BLE MRS. JUSTICE LISA GILL
Present: Mr.Ajay Jain, Advocate
for the petitioner.
Mr.Saurav Khurana, DAG, Punjab.
Mr. A.K.Joshi, Advocate
for the complainant.
*****
LISA GILL,J(Oral)
Petitioner seeks the concession of anticipatory bail in FIR No. 05 dated 06.02.2017, under Sections 376, 312 IPC, registered at Police Station City-2 Mansa, District Mansa.
It is contended that the petitioner has been falsely implicated at the hands of the complainant-prosecutrix who in-fact has formed a group of persons to blackmail people after enticing them in honey traps. It is submitted that the complainant-prosecutrix has earlier also initiated proceedings against various other persons. Reference is made to the proceedings against one Gurpreet Singh and Amrik Singh (Annexures P- 14 and P-21). Both the complaints were found false. Moreover, the petitioner, it is submitted has joined investigation pursuant to interim order dated 24.03.2017. He undertakes to face proceedings and not 1 of 2 ::: Downloaded on - 08-10-2017 10:50:03 ::: CRM-M-10063 of 2017(O&M) 2 misuse the concession of bail, if granted.
Learned counsel for the State on instructions from ASI Sukhchain Singh informs that the petitioner has joined investigation. pursuant to interim order dated 24.03.2017. The allegations in the FIR have been found to be incorrect and a cancellation report in this case has been prepared.
Learned counsel for the complainant has opposed this petition, however, he is unable to deny the earlier proceedings initiated by the complainant and filing of the cancellation report in the said cases.
There are no allegations on behalf of the State that the petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.
Keeping in view the facts and circumstances as above but without commenting upon or expressing any opinion on the merits of the case, this petition is allowed. Consequently, order dated 24.03.2017, is made absolute.
06.10.2017 (LISA GILL)
s.khan JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable:Yes/No
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