Crl. Misc. No. M-20788 of 2017 [ 1 ]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Crl. Misc. No. M-20788 of 2017
Date of Decision : September 14, 2017
Janak Singh …………………………………………….. Petitioner
State of Punjab ………………………………………… Respondent
CORAM : HON’BLE MRS. JUSTICE LISA GILL
1. Whether reporters of local papers may be allowed to see
2. To be referred to the reporters or not?
3. Whether the judgment should be reported in the digest?
Present: Mr. H.S.Deol, Advocate
for the petitioner.
Mr. Davinder Bir Singh, DAG, Punjab.
Mr. Bhanu Pratap Singh, Advocate
for the complainant.
LISA GILL, J. (Oral)
The petitioner seeks the concession of anticipatory bail in FIR
No. 33 dated 22.03.2017 under Section 354-A IPC, later on amended to
Section 354 IPC vide DDR No. 31 dated 17.05.2017, registered at Police
Station Dasuya, District Hoshiarpur.
The contentions on behalf of the petitioner at the time of
issuance of notice of motion read as under:-
It is submitted that FIR No. 33 dated 22.03.2017 was initially
registered under Section 354-A of the IPC. The petitioner was
afforded bail. After completion of investigation, when the final
report under Section 173 Cr.P.C was sent to the Government
Pleader for submission, it was returned with the observation
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Crl. Misc. No. M-20788 of 2017 [ 2 ]
that offence under Section 354 of the IPC is made out instead
of offence under Section 354-A of the IPC. Accordingly,
offence punishable under Section 354 was inserted on
Learned counsel submits that the petitioner is the father-in-law
of the complainant. He has been falsely implicated in this case because of
his relationship with the husband of the complainant. It is further submitted
that the petitioner has since joined investigation. He is ready and willing to
face trial and shall not abuse the concession of anticipatory bail in any
manner if granted to him. Therefore, this petition be allowed.
Learned counsel for the State, on instructions from ASI
Bhupinder Singh, informs that the petitioner has indeed joined investigation
pursuant to interim orders passed by this Court and his custodial
interrogation is not required. No recovery is to be effected from him. It is
verified that he is not involved in any other case. There is no allegation that
the petitioner is likely to abscond or that he is likely to dissuade the
witnesses from deposing true facts before the learned trial Court, if released
Keeping in view the facts and circumstances of the case but
without expressing any opinion on the merits of the case, it is considered
just and expedient to allow this petition. Consequently, order dated
24.07.2017 is made absolute.
( LISA GILL )
Note: Whether speaking/reasoned Yes / No
Whether Reportable: Yes / No
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