CRM-M-43730 of 2019 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CRM-M-43730 of 2019
Date of Decision: 11.12.2019
Gurnam Singh @ Gama ….Petitioner
VERSUS
State of Punjab ….Respondent
CORAM:- HON’BLE MR. JUSTICE SURINDER GUPTA
Present: Mr. S.S.Kamboj, Advocate
for the petitioner.
Mr. Amitoj Singh Dhaliwal, DAG, Punjab
*******
SURINDER GUPTA, 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.125 dated 31.07.2019 registered for offences punishable under Sections
377, Section341, Section323, Section148 and Section149 of Indian Penal Code (for short, “SectionIPC”) and 4 of
the Protection of Children from Sexual Offences Act, 2012 at Police Station
Anaj Mandi, District Patiala.
Heard.
Learned State counsel submits that the offence under Section
377 IPC was registered against Paras, a juvenile. As per allegations against
the petitioner, he has caused injuries to son of complainant and offences
made out against him are under Sections 341, Section323, Section148 and Section149 IPC.
The petitioner was arrested in this case on 04.08.2019. After
completion of investigation challan against him has already been presented
in Court.
Without expressing any opinion on merits of the case and
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CRM-M-43730 of 2019 -2-
keeping in view the nature of allegations against the petitioner and that
conclusion of trial will take considerably long time, the present petition is
allowed. Petitioner-Gurnam Singh @ Gama 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withdrawn.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 previous
permission of the Court.
December 11, 2019 ( SURINDER GUPTA )
jk JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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