Piari v. State Of Punjab

In the High Court of Punjab and Haryana, at Chandigarh Criminal Misc. No. M-21114 of 2015 Date of Decision: 27.08.2015 Smt. Piari ... Petitioner(s)

Versus

State of Punjab ... Respondent(s)

CORAM:

Hon'ble Mr. Justice Ajay Tewari.

Present:

Mr. R.S.Malhotra, Advocate for the petitioner(s).

Ms. Amarjit Kaur Khurana, Additional Advocate General, Punjab for the respondent.

Ajay Tewari, J.

This is a petition for grant of regular bail to the petitioner in case FIR No. 189 dated 12.7.2014, registered under Sections 363, 366-A & 376 IPC, at Police Station Phillaur, District Jalandhar. As per the allegations, the daughter of the complainant had gone missing. During investigation, she was recovered after about eight to nine months and the allegation against the petitioner is that she drugged the girl and sent her with some person. Learned counsel for the petitioner has argued that the prosecutrix has now been cross-examined and has stated that she had been staying with Gurpreet Singh as husband and wife for eight months. As per him, this admission completely belies the allegation that DEEPAK KUMAR BHARDWAJ 2015.08.28 17:23 I attest to the accuracy and authenticity of this document

Criminal Misc. No. M-21114 of 2015 the prosecutrix was drugged and it clearly shows that she was a consenting party. He further submits that now the petitioner, who otherwise is a 65 years old lady, has been in custody for about six months.

Learned Additional Advocate General, on instructions of Assistant Sub Inspector Prithvi Raj, has accepted this factual assertion. Without commenting upon the merits of the case, I do not deem it appropriate to deny the petitioner the concession of bail. Thus, the present petition is allowed and the petitioner is released on regular bail to the satisfaction of the trial Court/Duty Magistrate. (Ajay Tewari) Judge August 27, 2015 "DK"

DEEPAK KUMAR BHARDWAJ 2015.08.28 17:23 I attest to the accuracy and authenticity of this document