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2025 DAILYLAW 91644 (PNJ)

JAGPAL SINGH v. STATE OF PUNJAB AND ANOTHER

CRA-S/2535/2025 · 2025-08-28

Rupinderjit Chahal

body2025

Judgment text

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CRA-S-2535-2025 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 112+283 CRA-S-2535-2025 (O&M) Date of Decision: 28.08.2025 Jagpal Singh ....Appellant Versus State of Punjab and another ....Respondents CORAM: HON’BLE MS. JUSTICE RUPINDERJIT CHAHAL Present: Mr. Deepak Aggarwal, Advocate for the appellant. Mr. Satvir Mander, AAG, Punjab. Ms. Renu Bala Kamboj, Advocate for respondent No.2. ***** RUPINDERJIT CHAHAL, J (ORAL) CRM-32581-2025 This is an application for placing on record a copy of the compromise dated 18.08.2025 arrived at between the appellant and complainant/respondent No.2. Application is allowed, as prayed for. Main Case 1. Present appeal is directed against the order dated 11.08.2025 passed by the Additional Sessions Judge, Fatehgarh Sahib dismissing the application of the appellant for grant of regular bail in case FIR No.34 dated 28.04.2022 registered under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 (For short hereinafter referred to as ‘SC/ST Act’), at Police Station Bassi Pathana, District Fatehgarh Sahib. DINESH BANSAL 2025.08.29 17:21 I attest to the accuracy and integrity of this document Chandigarh CRA-S-2535-2025 (O&M) -2- 2. Brief facts of the present case are that as per the prosecution, on 13.10.2020, the appellant along with co-accused Karam Singh used derogatory words and humiliated the complainant Jagtar Singh in the name of his caste. 3. Learned counsel for the appellant contends that the appellant has been falsely implicated in the present case. He argued that there is delay of one year and six months in registering the FIR in question as the alleged occurrence is dated 13.10.2020. He further argued that as per case of the prosecution, the present appellant did not join the investigation and was declared proclaimed offender, vide order dated 21.07.2023. He further contends that the appellant had got a job abroad and he had left India on 11.09.2016 and arrived back to India on 11.07.2019 and again the appellant left India on 22.12.2021 and arrived on 21.07.2025. It has further been contended by learned counsel for the appellant that on the date of registration of the FIR dated 28.04.2022, the appellant was not in India. The FIR was registered and the PO proceedings were initiated at the back of the appellant. He has further contended that the appellant is in custody since 07.08.2025 and now with the intervention of the respectables of the society, a compromise dated 18.08.2025 has been arrived at between the parties, which is placed on record (Annexure A-5). The trial will take a long time to conclude and no useful purpose would be served by keeping him behind the bars. Therefore, it is urged that the appeal deserves to be allowed. 4. Notice of motion. 5. Learned State counsel, who has appeared on advance notice of the appeal, has filed the custody certificate of the appellant, which is taken DINESH BANSAL 2025.08.29 17:21 I attest to the accuracy and integrity of this document Chandigarh CRA-S-2535-2025 (O&M) -3- on record. He has vehemently opposed the prayer for bail, stating that the offence committed by the appellant is serious in nature. He has further submitted that he is not aware about compromise if any between the parties. 6. Learned counsel for the respondent No.2/complainant submits that the matter has been amicably resolved between the parties and she has no objection, if the present appeal is allowed. 7. Having regard to the abovestated position where the matter has been amicably resolved amongst the present appellant and the complainant and compromise has been effected between the parties, no useful purpose would be served by detaining the present appellant in further custody. As such, the present appeal is allowed and the appellant is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/CJM concerned. It is clarified that nothing stated herein shall be construed as an expression of opinion on the merits of the case. (RUPINDERJIT CHAHAL) 28.08.2025 JUDGE D.Bansal Whether speaking/reasoned : Yes/No Whether reportable : Yes/No DINESH BANSAL 2025.08.29 17:21 I attest to the accuracy and integrity of this document Chandigarh