CRM-M No.19397 of 2018 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
CRM-M No.19397 of 2018
Date of Decision: 10.10.2018
Narinder Singh @ Chotta ….Petitioner
State of Punjab ….Respondent
BEFORE :- HON’BLE MRS. JUSTICE DAYA CHAUDHARY
Present:- Mr. A.D.S. Sukhija, Advocate
for the petitioner.
Mr. C.L. Pawar, Sr. D.A.G., Punjab.
DAYA CHAUDHARY, J.
Petitioner-Narinder Singh @ Chotta has approached this Court
by way of filing the present petition under Section 439 of the Code of
Criminal Procedure for grant of regular bail to him in case FIR No.102
dated 04.12.2017 registered under Section 377 IPC, Sections 5 and 6 of the
Protection of Children from Sexual Offences Act, 2012 at Police Station
Sadar Banga, District Fatehgarh Sahib during pendency of the trial.
Learned counsel for the petitioner submits that all the offences,
as mentioned in the FIR, were deleted and challan was presented under
Section 8 of the Protection of Children from Sexual Offences Act, 2012
(here-in-after called as `POCSO Act’). He further submits that no injury has
been caused to the victim and the petitioner is in custody since 04.12.2017.
Learned counsel also submits that the petitioner is a young man and is
having no criminal history. He is ready to abide by all terms and conditions
to be imposed by this Court.
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CRM-M No.19397 of 2018 2
Learned State counsel has not disputed the custody period but
opposes the submissions made by learned counsel for the petitioner,
keeping in view the nature of offence.
Heard the arguments of learned counsel for the petitioner and
have also perused the contents of the FIR as well as other documents
available on the file.
Undisputedly, initially the FIR was registered under Sections
377 IPC and Sections 5 and 6 of the POCSO Act but subsequently, all
offences were deleted and challan was presented under Section 8 of the
As per medical examination report of the victim, no sign of any
external injury was found. Thereafter, it was found to be a case under
Section 8 of the POCSO Act. The petitioner has already suffered
incarceration for more than 10 months. He is neither involved nor required
in any other case under sexual offence.
Accordingly, by considering the totality of facts and
circumstances of the case; custody period and without expressing any
opinion on the merits of the case, the present petition is allowed and
petitioner, namely, Narinder Singh @ Chotta is directed to be released on
regular bail on his furnishing bail/surety bonds to the satisfaction of the trial
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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