220 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-19476 of 2017 (OM)
Date of decision : September 21, 2017
Ravi Kumar …..Petitioner
Versus
State of Punjab ….Respondent
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Ms. Alisha Soni, Advocate
for the petitioner.
Mr. Devinder Bir Singh, DAG, Punjab.
***
LISA GILL, J.
The petitioner prays for bail pending trial in FIR No. 52 dated
03.03.2017 under Sections 307, 326A, 498A IPC registered at Police Station
Meharban, District Ludhiana.
It is contended that the present FIR has been registered due to
temperamental differences between the parties and no cruelty or harassment
was meted out to the complainant. Moreover, the evidence on record does
not even suggest the petitioner to be guilty of commission of offence
punishable under Sections 307, 326A IPC. Moreover, the complainant, in
this case, has since testified before the learned trial Court. It is, thus, prayed
that this petition be allowed.
I have heard learned counsel for the parties.
Learned counsel for the State, on instructions, from ASI
Bhupinder Kumar, affirms and verifies that the complainant i.e. the
petitioner’s wife as well as the investigating officer have since testified
before the learned trial Court. Examination-in-chief of the complainant’s
father has been conducted. It is verified that the petitioner is not involved
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in any other criminal case. Trial, in this case, is not likely to conclude in
the near future.
There are no allegations on behalf of the State that 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.
No useful purpose shall be served by keeping the petitioner
incarcerated any longer. Keeping in view the facts and circumstances noted
above but without expressing any opinion on the merits of case, it is
considered just and expedient to allow this petition.
Consequently, 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 reiterated that none of the observations made herein above
are a reflection on the merits of the case and shall have no bearing on the
trial.
(Lisa Gill)
September 21, 2017 Judge
rts
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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