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IN THE HIGH COURT OF PUNJAB HARYANA AT
CHANDIGARH
CRM-M-38895 of 2018.
Decided on:- May 29, 2019.
Sher Singh.
………Petitioner.
Versus
State of Punjab and another
……Respondents.
CORAM: HON’BLE MR. JUSTICE HARI PAL VERMA.
*****
Present:- Ms. Ekakshra Mahajan, Advocate for
Mr. Vipin Mahajan, Advocate
for the petitioner.
Mr. Rana Harjasdeep Singh, DAG, Punjab.
Mr. Zorawar Singh Chauhan, Advocate
for respondent No.2.
HARI PAL VERMA, J. (Oral)
The petitioner has filed the present petition under Section 438
Cr.P.C. seeking anticipatory bail in the event of his arrest in FIR No.138
dated 03.08.2018 under Section 377 IPC and Sections 406, Section498-A IPC (added
vide order dated 28.11.2018) registered at Police Station Majitha, District
Amritsar Rural.
Learned counsel for the petitioner states that apart from the fact
that in pursuant to the order dated 07.09.2018 passed by this Court, the
petitioner has joined the investigation, the matter has been compromised
between the parties before the Mediation and Conciliation Centre of this
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Court, where a settlement/agreement dated 08.05.2019 has been reduced into
writing.
Learned counsel for respondent No.2 does not dispute the
aforesaid fact.
Learned State counsel also does not dispute the factum of
compromise between the parties and states that the custodial interrogation of
the petitioner is no more required at this stage.
I have heard learned counsel for the parties.
Since the petitioner has joined the investigation and his custodial
interrogation is no more required coupled with the fact that the matter has
been compromised between the parties, the present petition is allowed and the
interim bail granted to the petitioner vide order dated 07.09.2018 is made
absolute.
However, if required, the petitioner shall continue to join
investigation as and when required to do so and shall abide by the terms and
conditions, as laid down under Section 438(2) Cr.P.C.
The parties shall adhere to the terms and conditions of the
settlement/agreement dated 08.05.2019 in letter and spirit.
(HARI PAL VERMA)
May 29, 2019 JUDGE
Yag Dutt
Whether speaking/reasoned: Yes
Whether Reportable: No
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