Single judge dismissed a petition for pre-arrest bail in an assault case, noting serious allegations and potential misuse of liberty, while suggesting compromise be considered for regular bail.
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CRM M- 17021 of 2013
[1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
CRM M-17021 of 2013 (O&M)
Date of Decision: May 22, 2013
Sachin Kapoor
…..Petitioner
Vs.
State of UT Chandigarh
…..Respondent
CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI.
-.-
Present:Mr.Gurinderjit Singh, Advocate for the petitioner.
-.-
M.M.S. BEDI, J.(ORAL)
Petitioner seeks the concession of pre-arrest bail in a case registered at the instance of Richa Sharma, alleging that she was forcibly dragged in a car and assaulted in Chandigarh.
The allegations being of serious nature, prima facie there does not appear to be any ground to grant the concession of pre-arrest bail In view of recent amendment in Section 354 IPC vide criminal Law Amendment Act, 2013, the petitioner deserves to be strictly dealt with.
CRM M- 17021 of 2013
[2]
Counsel for the petitioner, however, submits that the matter has been compromised vide annexure P-2.
It appears that the petitioner has been misusing his liberty to tamper with the evidence. No ground is made out to grant concession of pre-arrest bail .
Dismissed.
The circumstance of compromise may be considered by the
Illaqa Magistrate for grant of regular bail.
May 22, 2013 (M.M.S.BEDI) sanjay JUDGE
1 issue framed by the court
Whether pre-arrest bail should be granted in a serious assault case despite allegations of serious nature.
Sachin Kapoor
State of UT Chandigarh
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
