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Baj Singh vs State Of Punjab on 7 May, 2019

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withdrawn.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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