High Court of Punjab and HaryanaCRM-M/12699/2017allowed

Balwinder Singh Alias Binda v. State Of Punjab

2017-05-23Mrs. Justice Raj Rahul Garg2 pages

CRM-M-12699-2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-12699-2017 Date of Decision:- 23.05.2017 Balwinder Singh alias Binda ....Petitioner

Versus

State of Punjab ....Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. N.S. Dandiwal, Advocate, for the petitioner.

Ms. Manpreet Dhaliwal, AAG, Punjab.

**** RITU BAHRI, J. (Oral) Present petition is for release of petitioner on regular bail in FIR No.86 dated 10.09.2015, under Sections 363, 366-A, 376 and 34 IPC and Section 4 of the Protection of Child from Sexual Offence Act, 2012 and Section 3 (2-10) of SC/ST Act, registered at Police Station Ajitwal, District Moga.

Learned counsel for the petitioner submits that statement of the prosecutrix has since been recorded on 12.04.2016 as per Annexure P-3. Petitioner is in custody since 16.09.2015 and no useful purpose would be served to further detain him in jail.

Learned State counsel, on instructions from the investigating officer, has informed that eleven more witnesses to be examined in the Naresh Kumar 2017.05.24 15:59 I attest to the accuracy and integrity of this document Chandigarh present case.

CRM-M-12699-2017 -2I have heard the learned counsel for the parties and with their able assistance gone through the material available on record. The petitioner was arrested on 16.09.2015. Since then, he is in judicial custody and no useful purpose would be served to further detain him in jail. The final conclusion of trial will take a long time. In view of above facts, the present petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of learned trial Judge/Duty Magistrate, Moga.

Needless to mention that, nothing observed here-in-above, would reflect, on merits in the trial of the main case, in any manner. May 23, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.05.24 15:59 I attest to the accuracy and integrity of this document Chandigarh