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Punjab-Haryana High Court

Raj Kumar vs State Of Punjab on 4 March, 2014

Author: Surinder Gupta

Bench: Surinder Gupta

                         IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                         CHANDIGARH

                                                        CRM-M-728-2014
                                                        Date of Decision: 04.03.2014

            Raj Kumar
                                                                               ......Petitioner
                                                     Versus
            State of Punjab
                                                                           ...... Respondent

            CORAM: HON'BLE MR.JUSTICE SURINDER GUPTA

            Present:              Mr. D.S. Kahlon, Advocate
                                  for the petitioner.

                                  Mr. Jasdev Singh Brar, Asstt. AG., Punjab.

                                       *****

            SURINDER GUPTA, J.(Oral)

Heard.

It has been submitted that earlier the petitioner was allowed bail vide order dated 3.12.2013 passed in CRM-M-34239- 2013 but in that petition Section 376 IPC was not mentioned.

Learned State counsel has submitted that there is no allegation of rape against the petitioner. As per the complainant, the allegations against the petitioner are that of conspiracy i.e. for offence punishable Section 120-B IPC. After the presentation of challan, the prosecutrix and other witnesses have been examined, who have not supported the prosecution case.

Keeping in view all these facts and circumstances and without expressing any opinion on merits, the petitioner is ordered to be released on regular bail on his furnishing bail bond and surety bond to the satisfaction of the CJM/Duty Magistrate, Pathankot, subject to the following conditions :-

(i) He shall comply with the conditions mentioned in Section 437(3) Cr.P.C.
(ii) In the event of his absence on any date of hearing, the benefit of bail allowed to him shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and Satyawan 2014.03.06 17:05 "I attested to the accuracy and integrity of this document"
High Court Chandigarh CRM-M-728-2014 2 surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to seek bail afresh.
(iii) He shall not leave the country without the previous permission of the Court.

(SURINDER GUPTA) 04.03.2014 JUDGE 'Satyawan' Satyawan 2014.03.06 17:05 "I attested to the accuracy and integrity of this document"

High Court Chandigarh