Present : Mr. Ish Puneet Singh Advocate for Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1143666
CourtPunjab and Haryana High Court
Decided OnJun-10-2014
AppellantPresent : Mr. Ish Puneet Singh Advocate for
RespondentState of Punjab
Excerpt:
crl.misc.no.m-19628 of 2014 (o&m) 1 in the high court of punjab and haryana at chandigarh crl.misc.no.m-19628 of 2014 (o&m) date of decision : 10.6.2014 harwinder singh @ rinku ....petitioner versus state of punjab ...respondents coram : hon'ble mr.justice mahesh grover present : mr.ish puneet singh, advocate for mr.h.s.dhandi, advocate for the petitioner. mr.parupkar singh ghuman, addl. ag, punjab mahesh grover, j. this is a petition under section 439 cr.p.c praying for grant of regular bail to the petitioner in case fir no.197 dated 27.10.2005 registered under sections 380, 427, 506, 148, 149 ipc (lateron challan submitted under sections 447, 427, 511, 506, 148, 149 ipc) at police station samrala, district khanna, district ludhiana initially the petitioner was granted bail and he was associating himself with trial till the time he defaulted and was declared proclaimed offender in 2005. in the meantime, the trial qua other accused progressed and they were acquitted. petitioner filed a petition for quashing on the plea that other co-accused have been acquitted and the matter has been settled with the complainant. this court directed the petitioner to surrender to the process of law pursuant to which the petitioner did so. he is now in custody since 12.5.2014. the statement of the petitioner and the complainant have been recorded by the trial court in support of the compromise which is rekha sihag 2014.06.10 14:17 i attest to the accuracy and integrity of this document high court chandigarh crl.misc.no.m-19628 of 2014 (o&m) 2 likely to form the basis for a petition for quashing initiated by the petitioner. after hearing learned counsel for the petitioner and noticing the aforesaid facts, particularly that the petitioner has now submitted himself to the jurisdiction of trial court and also noticing the fact that other co.accused have been acquitted and petitioner has ostensibly settled the matter with the complainant, instant petition is accepted. it is directed that the petitioner be released on bail in terms of section 439 cr.p.c, subject to his furnishing bail bonds to the satisfaction of trial court/ cjm/duty magistrate, ludhiana. it is made clear that in case the petitioner tries to wriggle out of the compromise it shall be viewed by the court as a means to obstruct the cours.of justice and appropriate orders shall be passed in this regard. 10.06.2014 (mahesh grover) rekha judge rekha sihag 2014.06.10 14:17 i attest to the accuracy and integrity of this document high court chandigarh
Judgment:

Crl.Misc.No.M-19628 of 2014 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-19628 of 2014 (O&M) Date of Decision : 10.6.2014 Harwinder Singh @ Rinku ....Petitioner Versus State of Punjab ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER Present : Mr.Ish Puneet Singh, Advocate for Mr.H.S.Dhandi, Advocate for the petitioner.

Mr.Parupkar Singh Ghuman, Addl.

AG, Punjab MAHESH GROVER, J.

This is a petition under Section 439 Cr.P.C praying for grant of regular bail to the petitioner in case FIR No.197 dated 27.10.2005 registered under Sections 380, 427, 506, 148, 149 IPC (lateron challan submitted under Sections 447, 427, 511, 506, 148, 149 IPC) at Police Station Samrala, District Khanna, District Ludhiana Initially the petitioner was granted bail and he was associating himself with trial till the time he defaulted and was declared proclaimed offender in 2005.

In the meantime, the trial qua other accused progressed and they were acquitted.

Petitioner filed a petition for quashing on the plea that other co-accused have been acquitted and the matter has been settled with the complainant.

This Court directed the petitioner to surrender to the process of law pursuant to which the petitioner did so.

He is now in custody since 12.5.2014.

The statement of the petitioner and the complainant have been recorded by the Trial Court in support of the compromise which is Rekha Sihag 2014.06.10 14:17 I attest to the accuracy and integrity of this document High Court Chandigarh Crl.Misc.No.M-19628 of 2014 (O&M) 2 likely to form the basis for a petition for quashing initiated by the petitioner.

After hearing learned counsel for the petitioner and noticing the aforesaid facts, particularly that the petitioner has now submitted himself to the jurisdiction of Trial Court and also noticing the fact that other Co.accused have been acquitted and petitioner has ostensibly settled the matter with the complainant, instant petition is accepted.

It is directed that the petitioner be released on bail in terms of Section 439 Cr.P.C, subject to his furnishing bail bonds to the satisfaction of Trial Court/ CJM/Duty Magistrate, Ludhiana.

It is made clear that in case the petitioner tries to wriggle out of the compromise it shall be viewed by the Court as a means to obstruct the couRs.of justice and appropriate orders shall be passed in this regard.

10.06.2014 (MAHESH GROVER) rekha JUDGE Rekha Sihag 2014.06.10 14:17 I attest to the accuracy and integrity of this document High Court Chandigarh