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Punjab & Haryana High Court Refuses Bail On Ground Of Compromise, Says Complainant May Be Influenced By Co-Accused Who Are Yet To Be Arrested

Drishti Yadav
7 Jun 2022 8:30 AM GMT
Section 6 SRA | Period Of Limitation Prescribed For Instituting Suit For Recovery Of Possession Is 6 Months: Punjab & Haryana High Court
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The Punjab and Haryana High Court, while dealing with a petition seeking regular bail of the accused in FIR relating to physical abuse and abduction of complainant's brother, who later committed suicide, held that the compromise cannot be taken as a ground at this stage for grant of bail.

The bench comprising Justice Avneesh Jhingan further held that the allegations in the FIR are serious and there are chances of the complainant being influenced because other co-accused are not yet arrested.

The allegations in the present FIR are serious, there are chances of the complainant party being influenced, especially when other co-accused are yet to be arrested and compromise relied upon is an indicator of complainant being approached.

The court noted that although the petitioner was not named in the FIR, he was named by the victim in a statement recorded under Section 164 Cr.P.C. and the evidentiary value of such statement would be the subject matter of trial, where it would be decided whether FIR involving offenses of abduction and snatching can be quashed on the basis of compromise or not. Be that as it may, the compromise cannot be taken as a ground at this stage for the grant of bail.

The petitioner was not named in the FIR but the fact cannot be lost sight of that he was named by the victim in a statement recorded under Section 164 Cr.P.C. The evidentiary value of the statement would be subject-matter of trial. It would be a debatable issue as to whether the FIR involving offences of abduction and snatching can be quashed on the basis of compromise.

Therefore, bail was denied on the basis of compromise entered into between the parties.

Case Title: Rohit @ Mirchi Versus State of Haryana

Citation : 2022 LiveLaw (PH) 137

Click Here To Read/Download Order


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