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2014 DIGILAW 1132 (PNJ)

Dinesh v. State of Haryana

2014-08-02

MEHINDER SINGH SULLAR

body2014
JUDGMENT Mr. Mehinder Singh Sullar, J. (Oral) - Petitioner Dinesh son of Partap Singh, has preferred the instant petition for the grant of concession of regular bail, in a case registered against him, vide FIR No.202 dated 14.5.2014 (Annexure P1), on accusation of having committed the offences punishable under sections 354-A IPC and Section 4 of The Protection of Children from Sexual Offences Act, 2012 (hereinafter to be referred as “the POCSO Act”) by the police of Police Station Sadar, Panipat. It is not a matter of dispute that petitioner was subsequently charge sheeted only for the commission of indicated offences, by virtue of order dated 30.7.2014 by the trial Judge. 2. Notice of the petition was issued to the State. 3. After hearing the learned counsel for the parties, going through the record with their valuable help and considering the entire matter deeply, to my mind, the present petition for regular bail deserves to be accepted in this regard. 4. Precisely, the prosecution claimed that on 12.5.2014, the petitioner has made obscene gesture and asked the victim to have some sexual gesture/acts with him as depicted in the FIR. Indisputably, the maximum sentence provided for the commission of pointed offence may extend to three years only. 5. Moreover, the petitioner was arrested on 14.5.2014. Since then, he is in judicial custody and no useful purpose would be served to further detain him in jail. It is stated at the bar by the learned counsel that petitioner is a first offender. Even since the prosecution has not yet examined a single witness, so, the final conclusion of trial will naturally take a long time. 6. In the light of aforesaid reasons, taking into consideration the totality of the facts & circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial of the main case, the instant petition for regular bail is hereby accepted. The petitioner is ordered to be released on bail on his furnishing adequate bail and surety bonds to the satisfaction of trial Court. 7. Needless to mention that nothing observed here-in-above would reflect on the merits of the main case, in any manner, as the same has been so recorded for the limited purpose of deciding the present petition for regular bail only. ---------0.B.S.0------------ —————————