Please Log in / Register to access the full text of this judgment and the entire database
(2021) Law Today Live Doc. Id. 16085
Decided on: 23.03.2021
(Heard through VC)
Present:
Mr. Nitin Rampal, Advocate for the petitioner.
Ms. Bhavna Gupta, DAG, Punjab.
Mr. Baljinder Singh, Advocate for the complainant.
Indian Penal Code, 1860 (45 of 1860), Sections 363, 366, 376 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 6 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- POCSO case – Rape – Regular bail – Compromise -- Since the investigation is complete and the challan has already been presented and a compromise has been arrived at between the parties, no useful purpose would be served in keeping the petitioner behind bars -- Petition allowed and the petitioner is directed to be released on regular bail.
(Para 4)
***
JAISHREE THAKUR J. (ORAL) –
1. This is a petition that has been filed for grant of regular bail to the petitioner in FIR No.98 dated 19.09.2020 under Sections 363, 366 IPC (Section 376 IPC and Section 6 of the POCSO Act added later on) registered at Police Station Smalsar, District Moga.
2. Counsel for the petitioner herein would contend that the matter has been investigated and the challan stands presented and charges have also been framed on 26.02.2021. It is further contended that a compromise has been arrived at between the parties.
3. At this stage, appearance has been caused on behalf of the complainant by Mr. Baljinder Singh, Advocate, who would submit that a compromise has been arrived at between the parties and the complainant would have no objection in case the petitioner herein is granted concession of regular bail.
4. I have heard learned counsel for the parties. Since the investigation is complete and the challan has already been presented and a compromise has been arrived at between the parties, no useful purpose would be served in keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/ surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.
Petition allowed.
********