Punjab-Haryana High Court
Virpal Singh Sekhon @ Jinder Singh @ ... vs State Of Punjab And Anr on 19 July, 2019
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-26361-2019 (O&M)
Date of Decision : 19.07.2019
Virpal Singh Sekhon alias Jinder Singh alias Harjinder Singh
...... Petitioner
Versus
State of Punjab and another ...... Respondents
CORAM : HON'BLE MR. JUSTICE RAJ SHEKHAR ATTRI
***
Present : Mr. Kanhiya Soni, Advocate
for the petitioner.
Mr. Sandeep Kumar, DAG, Punjab.
***
RAJ SHEKHAR ATTRI, J. (Oral)
The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.29 dated 05.03.2019, registered under Sections 376, 511 IPC and Section 4 Protection of children from Sexual Offences Act, 2012, at Police Station Nihal Singh Wala, District Moga.
It is a case of the prosecution that the petitioner made an attempt to commit rape upon a minor prosecutrix. He had kissed her and tried to open the string of her payajami.
It has been submitted that now compromise has been effected between the parties and a petition for quashing of FIR has already been filed. Copy of the compromise has been placed on record as Annexure P-2.
The petitioner is stated to be in custody since 25.04.2019. The trial of the case will take long time. No useful purpose will be served by 1 of 2 ::: Downloaded on - 26-08-2019 04:47:13 ::: CRM-M-26361-2019 (O&M) -2- keeping the petitioner in custody any further.
Without expressing any opinion on merits of the case and keeping in view the fact that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner Virpal Singh Sekhon alias Jinder Singh alias Harjinder Singh is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:-
(a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.
(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh.
(c) He shall not leave the country without the prior permission of the Court.
( RAJ SHEKHAR ATTRI) 19.07.2019 JUDGE mamta Whether speaking/reasoned Yes/No Whether Reportable Yes/No 2 of 2 ::: Downloaded on - 26-08-2019 04:47:14 :::