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High Court of Punjab and HaryanaCRM-M/16294/2016dismissed

Harpreet Singh v. State Of Punjab

2016-12-01Mr Justice Rajiv Sharma2 pages

Crl. Misc. No. M-16294 of 2016 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-16294 of 2016 Date of Decision: 01.12.2016 Harpreet Singh @ Ashu ......Petitioner

Versus

State of Punjab .....Respondent CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. D.S.Sandhu, Advocate for the petitioner.

Mr. Deep Singh, AAG, Punjab.

**** ANITA CHAUDHRY, J(ORAL) This petition has been filed under Section 482 Cr.P.C. challenging the order dated 23.9.2015 passed by the Juvenile Board as well as the order dated 12.12.2015 passed by the Additional Sessions Judge vide which the application seeking bail on behalf of the juvenile had been dismissed.

Counsel for the petitioner contends that the petitioner was arrested in September 2015 and the victim has been examined and the Juvenile Board had rejected the bail application saying that the offence was grave in nature whereas the application could not be rejected on this ground. Counsel for the petitioner further contends that the petitioner was less than 16 years of age and his father has undertaken to take care of him. The application is opposed by the State counsel. It was urged that the victim was only 14 years old and the petitioner resides in the same neighbourhood and 07 witnesses out of 16 witnesses have been examined Gurpreet Singh Bhatia 2016.12.06 15:18 I attest to the accuracy and authenticity of this document High Court Chandigarh

Crl. Misc. No. M-16294 of 2016 -2and the trial is going at a fast pace and cases in this age group are on the rise and his release would defeat the ends of justice. The victim and the petitioner are living in the same neighbourhood. The incident had taken place when the girl opened the door to attend the call of nature and the petitioner dragged her and took her to a vacant spot and raped her.

The manner in which the incident is alleged, unerringly indicates the criminal proclivities of the petitioner. In such view of the matter release on bail would not only be a miscarriage of justice but would push the petitioner into moral psychological degradation if he returns to the same neighbourhood when the incident is not even a year old and it would also defeat the ends of justice.

The revision is dismissed.

(ANITA CHAUDHRY) JUDGE December 01, 2016 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2016.12.06 15:18 I attest to the accuracy and authenticity of this document High Court Chandigarh