IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM M-19794-2019 (OM)
Date of Decision : 07.05.2019
Baj Singh
…… Petitioner
Versus
State of Punjab
…… Respondent
CORAM : HON’BLE MR. JUSTICE RAJ SHEKHAR ATTRI
***
Present : Mr. G.S.Sandhu, Advocate
for the petitioner.
Mr. Harpreet Singh Multani, AAG, Punjab.
Mr. Ramandeep Singh, Advocate
for the complainant.
***
RAJ SHEKHAR ATTRI, J. (Oral)
The present petition has been filed under Section 439 Code of
Criminal Procedure for grant of regular bail to the petitioner in case FIR
No.0026 dated 18.07.2018, registered under Section 354 IPC and Section 8
of the Protection of children from Sexual Offences Act, at Police Station
Khui Khera, District Fazilka.
Learned counsel for the petitioner has submitted that the
petitioner is more than 82 years of age and he is ready to give undertaking
that he will not enter the village of the prosecutrix during the pendency of
the case. The allegations have been levelled by none but his own grand
daughter, aged about 12 years with regard to outrage her modesty.
The petitioner is in custody since 20.02.2019. The trial of the
case will take long time. No useful purpose will be served by keeping the
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CRM M-19794-2019 (OM) -2-
petitioner in custody.
Without expressing any opinion on merits of the case and
keeping in view especially the fact that the age of the petitioner is 82 years
and the fact that conclusion of trial will take considerably long time, the
present petition is allowed. Petitioner Baj Singh is ordered to be released
on regular bail on furnishing bail bond and surety bond to the satisfaction
of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject
to following terms:-
(a) The petitioner shall comply with the conditions
mentioned in Section 437(3) Cr.P.C.
(b) In the event of his absence on any date of hearing, the
benefit of bail allowed to the petitioner shall stand
withdrawn. The trial Court shall be competent to cancel
his bail bond and surety bond and proceed to procure his
presence in accordance with law. In that eventuality the
petitioner shall have to apply for bail afresh.
(c) He shall not leave the country without the prior
permission of the Court.
(d) He will not visit village Koyal Khera, the village of the
prosecutrix.
( RAJ SHEKHAR ATTRI)
07.05.2019 JUDGE
mamta
Whether speaking/reasoned Yes/No
Whether Reportable : Yes/No
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