Punjab-Haryana High Court
Inderjit Singh @ Giani vs State Of Punjab on 1 December, 2017
Author: Lisa Gill
Bench: Lisa Gill
CRM No.M-41366 of 2016
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No.M- 41366 of 2016(O&M)
Date of Decision: December 1 , 2017.
Inderjit Singh @ Giani ...... PETITIONER (s)
Versus
State of Punjab ...... RESPONDENT (s)
CORAM:- HON'BLE MRS.JUSTICE LISA GILL
Present: Mr. Sandeep Kumar Bokolia, Advocate
for the petitioner.
Mr. Saurav Khurana, DAG, Punjab.
*****
1. Whether reporters of local papers may be allowed to see
the judgment?
2. To be referred to the reporters or not?
3. Whether the judgment should be reported in the digest?
*****
LISA GILL, J.
The petitioner prays for bail pending trial in FIR No.82 dated 26.08.2016 under Sections 341/354/354A/366/366A/511 IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012, registered at Police Station Mehna, District Moga.
It is submitted that the petitioner has been falsely implicated in this case because of various altercations between the petitioner and the complainant's brothers. It is submitted that the complainant's brothers are involved in illicit drug trade. It is further submitted that the incident as unfolded in the FIR is highly improbable keeping in view the fact that the same allegedly took place in 1 of 2 ::: Downloaded on - 08-12-2017 23:37:06 ::: CRM No.M-41366 of 2016 -2- a thickly populated area where a number of people were admittedly present. Moreover, the complainant as well as the victim have since testified before the learned trial court. The petitioner has been in custody since 26.08.2016 and is not involved in any other criminal case. It is thus prayed that this petition be allowed.
Learned counsel for the State, on instructions from HC Ramesh Kumar, verifies that the petitioner is not involved in any other criminal case. It is not disputed that the complainant as well as the victim in this case have since testified before the learned trial court.
Trial in this case is not likely to conclude in the near future. 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 before 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 filed by Inderjit Singh @ Giani is allowed. 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 clarified that none of the observations made hereinabove shall be construed to be a reflection on the merits of the case. The same are solely confined for the purpose of decision of the present petition.
( LISA GILL )
December 1 , 2017. JUDGE
'om'
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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