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Judgments of Supreme Court of India and High Courts

Krishan vs State Of Haryana on 24 April, 2018

IN THE HIGH COURT OF PUNJAB AND HARYNA AT
CHANDIGARH

CRM-M-9475-2018
Date of decision: 24.04.2018

Krishan … Petitioner

VS

State of Haryana … Respondent

CORAM: HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. Sanjiv Gupta, Advocate
for the petitioner.

Mr. Ramesh Kumar, AAG, Haryana.

****

Lisa Gill, J. (Oral)

The petitioner prays for bail pending trial in FIR No.01 dated

10.01.2018 under Section 377 IPC registered at Police Station Women Cell,

District Sirsa.

Learned counsel for the petitioner submits that the petitioner

has been falsely implicated in this case due to matrimonial discord with his

wife and number of litigations are pending between the parties. He further

submits that the victim has since been examined in this case before the trial

Court. It is, thus, prayed that this petition be allowed.

Heard learned counsel for the parties.

Learned counsel for the State, on instructions, from ASI

Kulwant Kaur verifies that after the presentation of final report under

Section 173 Cr.PC, victim/complainant has deposed before the trial Court.

There are no allegations that the petitioner is likely to abscond or not be

available to face trial. Trial in this case is not likely to conclude in the near

future.

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CRM-M-9475-2018 -2-

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 the 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.

24.04.2018 (LISA GILL)
sonia JUDGE

Whether speaking/non-speaking? Yes/No

Whether reportable? Yes/No

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