CRM-M-23041 of 2011 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-23041 of 2011 (O&M) Date of Decision:09.09.2011 Gurdeep Singh . . .Petitioner Versus State of Haryana . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.A.S. Sullar, Advocate, for the petitioner. Mr.Sagar Deswal, AAG, Haryana. ***** RAKESH KUMAR JAIN, J (ORAL) This is a petition for bail in a pending trial case registered vide FIR No.67 dated 24.5.2010 under Sections 452, 376/34 of the Indian Penal Code (for short ‘IPC’) at Police Station Baragudha, District Sirsa. It is submitted that the petitioner had also filed a petition, namely, CRM-M-19801 of 2011 for quashing of the FIR in which following order was passed by this Court; “Petitioners seek quashing of FIR in case of rape on the basis of compromise after the prosecutrix has already appeared in the trial court. The affidavit of the prosecutrix may be used by the petitioner for seeking the concession of regular bail but in view of earlier petition for quashing having dismissed as withdrawn. I do not deem it appropriate to quash the proceedings on the basis of compromise. With liberty to the petitioner to seek concession of bail on the basis of the affidavit of respondent No.2 complainant this petition is disposed of as not maintainable” CRM-M-23041 of 2011 (O&M) - 2 - It is further submitted that the main accused namely Roshandeep Singh had an affair with the prosecutrix who is already released on bail. Learned counsel for the respondent has submitted that the prosecution witnesses have already been examined and if the bail is granted to the petitioner there is a possibility of his fleeing from the justice. In this case, since the matter has already been compromised between the parties as alleged by the learned counsel for the petitioner and the main accused is on bail, the petitioner can be granted bail with two heavy local sureties so as to ensure his presence on the date of hearing of the present case. In view thereof, the present petition is allowed and the petitioner is directed to be released on bail on his furnishing two heavy local sureties so as to ensure his presence before the Court below. The learned trial court is also at liberty to impose any other condition for the purpose of securing presence of the petitioner. (RAKESH KUMAR JAIN) SEPTEMBER 09, 2011 JUDGE Vivek