Complainant and Accused executed compromise in case under sections 420, 467 and 471 IPC - Bail allowed, despite the effect that accused remained Proclaimed Offender for 5 months

PUNJAB AND HARYANA HIGH COURT

Before :- Rajive Bhalla, J.
Crl. No. 33508-M of 2006. D/d. 4.7.2006

Rajwinder Singh - Petitioner
Versus
State of Punjab - Respondent

For the Petitioner :- H.S. Sirohi, Advocate.

Punjab and Haryana High Court, Chandigarh Judgments

JUDGMENT

Rajive Bhalla, J. - The petitioner seeks grant of regular bail in case FIR No. 85, dated 12.7.2003, registered under Sections 420/467/468/471 of the IPC, at Police Station Kathu Nangal.

2. Counsel for the petitioner contends that though the allegations are with respect to forgery of a will, the parties have settled their dispute, as reflected in the compromise (Annexure P-1) and the affidavit (Annexure P-2). It is further contended that on the date of alleged forgery, the petitioner was a minor and, therefore, there is no question of his having committed any forgery.
3. Counsel for the State of Punjab, on the other hand, contends that the petitioner remained a proclaimed offender for a period of five months and, therefore, he should not be released on bail.
4. I have heard learned counsel for the parties and perused the record.
5. Though the allegations are with respect to forgery and cheating, the complainant and the petitioner, being close relatives, have executed a compromise (Annexure P-1). The complainant has sworn an affidavit (Annexure P-2), to the effect that he has no dispute with the petitioner. Even otherwise, as investigation is complete, and charges have been framed, no purpose would be served by incarcerating the petitioner any further. Counsel for the State of Punjab has not expressed any apprehension that if released on bail, the petitioner would tamper with the prosecution evidence or in any manner subvert the process of trial.
6. Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Amritsar.
7. Nothing, stated herein, shall be construed to be an expression of opinion, on the merits of the controversy.

Petition allowed.
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PS : This judgment can be accessed with this short url - http://g8.geekupd8.com/465
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