SALEEM KHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Sec. 439 Cr.P.C. for grant of regular bail in case having FIR No. 017 dtd. 13/1/2024 under Ss. 323, 325, 341, 365 and 34 IPC (Sec. 364 IPC added lateron) registered at Police Station Derabassi, District Mohali.

(2.) As per the allegations in the FIR co-accused Deepak and some other unknown person kidnapped complainant Ajay and then gave him beatings as a result of which he became unconscious and when the complainant regained consciousness, he found himself lying near the river Ghagar. Then the matter was reported to police. The present petitioner was nominated as accused on the basis of disclosure statement suffered by co-accused Deepak and was arrested in this case.

(3.) Learned counsel for the petitioner inter alia submits that the petitioner who was not named in the FIR was later on falsely implicated in the present case on the basis of disclosure statement made by coaccused and the same is inadmissible in evidence. It is further submitted that the petitioner is in custody for the last more than 03 months and 25 days and on completion of investigation, challan has been presented but the trial will take some time to conclude. Learned counsel for the petitioner further submits that now the matter was compromised between the parties and CRM-M-23623-2024 is already filed by the petitioner and other accused seeking quashing of FIR in question on the basis of compromise which is fixed for awaiting of the report of the trial Court regarding recording the statements of the parties on 4/9/2024. Learned counsel for the petitioner further submits that in the given circumstances no purpose is going to be served by detaining the petitioner for any number of period.