CRM-M-48800 of 2017 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-48800 of 2017(OM)
Date of Decision: January 15, 2018.
Jaswinder Singh
…… PETITIONER (s)
Versus
State of Punjab
…… RESPONDENT (s)
CORAM:- HON’BLE MRS.JUSTICE LISA GILL
Present: Mr.Veneet Sharma, Advocate for the petitioner.
Ms.Seema Mand, DAG Punjab.
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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?
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LISA GILL, J.(Oral)
The petitioner prays for bail pending trial in FIR No.161 dated
25.10.2017 under Sections 323, 324, 326, 354, 506, 148, 149 IPC registered
at Police Station Sadar Tarn Tara, District Tarn Taran.
It is submitted that the petitioner has been falsely implicated in
this case as he has good relations with the husband of the complainant. The
complainant is embroiled with her husband in a matrimonial dispute. She
has initiated number of proceedings against other persons who tried to help
or aid her husband. Reference is made to judgment dated 14.12.2016
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CRM-M-48800 of 2017 -2-
(Annexure P-3) wherein proceedings were initiated by the complainant
against one Harbhinder Singh in FIR No.31 dated 9.2.2014 under Section
354 IPC. Harbhinder Singh was acquitted of the charges against him. Three
other FIRs initiated by the complainant are specifically mentioned in the
judgment dated 14.12.2016. Panchayatnama mentioned in the judgment is
attached as Annexure P-4 with the petition. Gram Panchayat, Diyal
Rajputan had passed the same while observing that the complainant got
registered false cases and she blackmails people with false allegations of
teasing her. It is further mentioned that she levels allegations against anyone
who accompanies her husband Angrez Singh. It is submitted that the
petitioner is not involved in any other criminal case. The petitioner
undertakes not to misuse the concession of bail, if afforded to him. It is thus
prayed that this petition be allowed.
Learned counsel for the State submits that specific allegations
have been levelled by the complainant against the petitioner, however, the
allegations attracting offence punishable under Sections 324 and 326 are
attributed to other co-accused. It is verified on instructions from ASI
Harjender Singh that the petitioner is not involved in any other criminal
case.
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. Trial in this
case is not likely to conclude in the near future. No useful purpose shall be
served by keeping the petitioner incarcerated any longer.
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CRM-M-48800 of 2017 -3-
Keeping in view the facts and circumstances of the case but
without commenting upon or expressing any opinion on the merits thereof,
this petition 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 )
January 15, 2018. JUDGE
Meenu
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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