High Court of Punjab and HaryanaCRM-M/1080/2017allowed

Sukhjinder Singh v. State Of Punjab

2017-01-27Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-1080 of 2017 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-1080 of 2017 Date of decision :- 27.01.2017 Sukhjinder Singh ....Petitioner versus State of Punjab

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Ramneek Vasudeva, Advocate for the petitioner Ms. Anmol Grewal, DAG, Punjab **** RITU BAHRI , J. (Oral) Petitioner who is in custody since 07.07.2016 is seeking grant of regular bail, in a case arising out of FIR No. 94 dated 06.07.2016, registered at Police Station Aloh, District Fatehgarh Sahib, who has been booked for having committed the offence punishable under Section 363/366-A/380/457/120-B IPC (challaned under Sections 363/366/376A/120-b IPC and Section 6 of POCSO Act). Petitioner is real brother of the main accused Gurvinder Singh @ Giri against whom there is allegation of kidnapping of minor daughter namely Akvir Kaur of the complainant, who at that time was 17 years and 11 months.

Learned counsel contends that the co-accused Nirmal Kaur (mother of the petitioner) has also been granted regular bail by this Court on 05.12.2016 (P-2).

Learned counsel submits that Akvir Kaur and brother of the GAURAV ARORA 2017.01.31 15:02 I attest to the accuracy and integrity of this document Chandigarh

Crl. Misc. No. M-1080 of 2017 -2petitioner were having love affair and they even performed marriage and sought protection from the Court of learned Sessions Judege, Ludhiana and the protection was granted to them vide Annexure P-3 colly. Learned counsel submits that a bare perusal of statement of the prosecutrix given under Section 161 Cr.P.C shows that no role has been attributed to the present petitioner.

Learned State counsel on the other hand does not dispute that the role attributed to the present petitioner is similar to that of his mother, who has been granted regular bail by this Court on 05.12.2016 (P-2) Heard.

Keeping in view the fact that the trial is likely to take some time to conclude and the fact that the co-accused have also been granted regular bail by this Court, the present petition is allowed. Petitioner is ordered to be released on bail during pendency of the trial of the present case, subject to his furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Fatehgarh Sahib. 27.01.2017 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2017.01.31 15:02 I attest to the accuracy and integrity of this document Chandigarh