Sukhjinder Singh and another vs State of Punjab and others

Rameshwar Singh Malik, J.—The petitioners, by way of instant petition u/s 439 Cr. P.C., seek bail pending trial in the case arising out of FIR No. 63 dated 21.03.2012, under Sections 364, 342, 427, 506, 34 IPC and Sections 3 and 4 of Prevention of Damage to Public Property Act, 1984, registered at Police Station Nakodar, District Jalandhar. Notice of motion was issued.

Learned counsel for the petitioners relies upon Annexure P-2, to contend that the parties have arrived at an out of Court settlement by way of compromise. He further submits that based on the compromise, they have already filed a petition u/s 482 Cr. P.C., seeking quashing of the FIR vide Annexure P-3, wherein, notice of motion was issued by this Court.

Learned counsel for the petitioners submits that in this view of the matter, the instant petition deserves to be accepted because the petitioners are inside the jail for the last about six months and no useful purpose would be served by keeping them in jail, any further.

Learned counsel for the State, on instructions from HC Buttolal Ronki, Police Station Nakodar, submits that although the parties have compromised the matter vide Annexure P-2, yet since allegation against the petitioners are direct and serious, the petitioners are 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 petitioners. I say so for more than one reasons, being recorded hereinafter.

Firstly, the petitioners are inside the jail for the last about six months. The evidence of the prosecution is yet to start and the criminal trial is going to take considerable time. Secondly, the parties have arrived at an out of Court settlement by way of compromise Annexure P-2 and this Court has already issued notice in CRM No. M-10984 of 2012, which is a petition u/s 482 Cr. P.C. for quashing of this very FIR.

Thirdly, the view taken by this Court also finds support from the Judgment of the Hon''ble Supreme Court in Sanjay Chandra Vs. CBI, 2011 (4) RCR (Criminal) 898 .

Considering the totality of facts and circumstances of the present case noted above, coupled with the reasons aforementioned, this Court is of the considered opinion that the petitioners are directed to be released on bail pending trial, to the satisfaction of learned trial Court. Resultantly, the instant petition stands allowed.