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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