Smt. Neeru vs State of Punjab

Rameshwar Singh Malik, J.—The petitioner, by way of instant petition u/s 439 Cr. P.C., seeks bail pending trial in the case arising out of FIR No. 27 dated 30.3.2012, under Sections 452, 323, 376, 511, 506, 120-B IPC, registered at Police Station Mehtiana, District Hoshiarpur. Notice of motion was issued.

Learned counsel for the petitioner submits that the matter has been amicably compromised between the parties by way of an out of Court settlement. He has placed on record the compromise deed (Annexure P-1). He further submits that pursuant to the compromise between the parties, the material witnesses have also resiled, while deposing before the court. In this view of the matter, learned counsel for the petitioner submits that instant petition deserves to be accepted.

Learned counsel for the State, on instructions from Head Constable Kulwinder Singh, Police Station Mehtiana, District Hoshiarpur, submits that it is correct that parties have arrived at an out of Court settlement, by way of compromise (Annexure P-1). However, he submits that since allegations against the petitioner are direct, serious and specific, he is not entitled for bail pending trial.

Having heard the learned counsel for the parties and after going through the record of the case, this Court is of the considered opinion that present one is a fit case for extending the benefit of bail pending trial to the petitioner. I say so for more than one reasons, being recorded hereinafter.

Firstly, it is an admitted position on record that the parties have arrived at an amicable settlement, by way of compromise (Annexure P-1). Secondly, the petitioner is inside the jail since 31.3.2012 and no useful purpose would be served by keeping him inside the jail, any further.

Thirdly, the view taken by this Court finds support from the judgment of Hon''ble Supreme Court in Sanjay Chandra versus C.B.I., 2011 (4), RCR (criminal), 898

Considering the totality of facts and circumstances of the present case noted above, coupled with the reasons aforementioned, the petitioner is directed to be enlarged on bail pending trial to the satisfaction of learned trial court. Resultantly, the instant petition stands allowed.