CRM No.M-22836 of 2017(OM)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No.M- 22836 of 2017(OM)
Date of Decision: October 13 , 2017.
Zile Singh …… PETITIONER (s)
Versus
State of Haryana …… RESPONDENT (s)
CORAM:- HON’BLE MRS.JUSTICE LISA GILL
Present: Mr. Sant Pal Singh Sidhu, Advocate
for the petitioner.
Mr. Sanjay K.Saini, AAG, Haryana.
*****
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.
CRM No.28289 of 2017
Annexure P5 (Collectively) i.e., statements of PW1, PW2, PW3 and
PW3 before the learned trial court are taken on record subject to just exceptions.
Filing of certified and true typed copies of the same are exempted.
Misc. application is disposed of.
CRM No.M-22836 of 2017
The petitioner prays for bail pending trial in FIR No.525 dated
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27.11.2016 under Section 377 IPC and Section 4 of the Protection of Children
from Sexual Offences Act, 2012, registered at Police Station Ganaur, District
Sonipat.
It is submitted that the petitioner has been falsely implicated in this
case due to political rivalry in the village. Moreover, the complainant (PW1) as
well as the other material witnesses i.e., the eye-witness (PW2) and the
complainant’s wife (PW3) have since testified before the learned trial court.
They have not supported the prosecution version. Therefore, this petition be
allowed.
Learned counsel for the State, on instructions from ASI Sunil
Kumar, is unable to deny that the complainant as well as the material witnesses
have not supported the prosecution case and have been declared hostile. It is
verified that the petitioner, who is a 75 year old man, is not involved in any other
criminal case.
Trial in this case is not likely to conclude in the near future. No
useful purpose would be served by keeping the petitioner incarcerated any
longer.
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 filed by Zile Singh is allowed. The petitioner shall be released on bail
pending trial subject to his furnishing requisite bail bonds and surety to the
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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 )
October 13 , 2017. JUDGE
‘om’
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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