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Narinder Singh vs State Of Punjab on 10 October, 2018

CRM-M No.19397 of 2018 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.

CRM-M No.19397 of 2018
Date of Decision: 10.10.2018

Narinder Singh @ Chotta ….Petitioner

Versus

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

POCSO Act.

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

Court.

(DAYA CHAUDHARY)
10.10.2018 JUDGE
gurpreet

Whether speaking/reasoned Yes/No

Whether Reportable Yes/No

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14-10-2018 13:01:18 :::

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