CRM-M-27667-2019 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl. Misc. No.M-27667 of 2019 (OM)
Date of Decision: August 26, 2019
Sandeep
……….PETITIONER(s).
VERSUS
State of Haryana
……..RESPONDENT(s).
CORAM:- HON’BLE MR. JUSTICE SURINDER GUPTA
Present: Mr. Lajpat Sharma, Advocate
for the petitioner (s).
Mr. Munish Sharma, AAG Haryana
*******
SURINDER GUPTA, J.(Oral)
The present petition has been filed under Section 439 Code of
Criminal Procedure for grant of regular bail to the petitioner in case FIR No.
100 dated 13.07.2018 registered for the offences punishable under Sections
323, Section377, Section506 of Indian Penal Code (for short-SectionIPC) and 4 of Prevention of
Children from Sexual Offences Act, 2012 (for short-POCSO Act), at Police
Station Rajaund, District Kaithal.
Heard.
Report of Additional Sessions Judge, Kaithal received.
Petitioner has been charge-sheeted for the offences punishable
under Sections 323, Section377, Section506 IPC and 4 of POCSO Act, 2012. In view of
statement of Dr. Dinesh Kumar PW10, the trial Court will be required to
look into the attending circumstances as to whether the offences punishable
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CRM-M-27667-2019 -2-
under Sections 377 IPC and 4 of POCSO Act are disclosed.
Without expressing any opinion on merits of the case, the
present petition is allowed. Petitioner Sandeep is ordered to be released on
regular bail on furnishing bail bond and surety bond to the satisfaction of
concerned Chief Judicial Magistrate/Duty Magistrate, subject to following
terms:-
a. The petitioner shall comply with the conditions mentioned in
Section 437(3) Cr.P.C.
b. In the event of his absence on any date of hearing, the benefit
of bail allowed to the petitioner shall stand withdrawn. The
trial Court shall be competent to cancel his bail bond and surety
bond and proceed to procure his presence in accordance with
law. In that eventuality the petitioner shall have to apply for
bail afresh.
c. He shall not leave the country without prior permission of the
Court.
( SURINDER GUPTA )
August 26, 2019 JUDGE
Sachin M.
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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