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.
*****

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.(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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(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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