Sawarna Rani v. State Of Punjab
! "#$%#&## # #' # ' ()* +
," -.
# /$0 1 " 1 #1#$# #
"
# $
%%% #1#$# #."2 #03 &!
!
'() * *
+" ",-.
$ ,-
/
0'
12 13 4144 ,5+ / ,5+ '31 (62 377 (4(
-
*
70210
8*8
4174 !
.
,- "
.
. 9#:.
!!
"" !
"
"
;" <."! " !!
!
+ 8(1 1' 4144 ! " .!
!
"!
"
7';
!"
"
!
!
!
<."! 8 .
"!
=++!
!
;
+!
"!
. !
!
=++!
..
!
8".;!
"!
;!; < "!
! "!!
> ; !
!"
"
&!
,- "
12 13 4144 - "
"
&!
(7 17 414( - " "
" ( - .
.
;"
!
;.
! -
. !
"!
! + .
60,000/- on loan from the petitioner on 27.03.2022. Due to not returning of the said loan amount, the petitioner had filed a complaint against them under Section 138 of Negotiable Instruments Act, 1881 in the year 2022 and the present case was a counter blast to the same. The co-accused Kakki is brother-in-law of the petitioner. The houses of the complainant and petitioner are in a thickly populated area, wherein as many as 250-300 others houses are existing and it cannot be assumed that any attempt to commit rape upon the daughter of the complainant could be made in such area. It is further submitted that now even the complainant and her mother have sworn affidavits in favour of the petitioner and have also executed a compromise. The petitioner is in custody for a period of about one year. Trial is likely to take time. No useful purpose would be served by keeping him in custody. Hence the petition deserves to be allowed.
4.
Per contra, learned State counsel has argued that there are serious allegations against the petitioner and therefore, she does not deserve to be given concession of bail.
5.
Mr. V.S. Kathpal, Advocate has put in appearance on behalf of the complainant and filed his Vakalatnama. He has submitted that a compromise Annexure P-2 has been executed by the complainant in favour of the petitioner.
6.
I have heard leaned counsel for the parties and have gone
through record.
7.
As per the allegations, the petitioner alongwith the co-accused Kakka Masih who is her brother-in-law had trespassed in the house of complainant where in with her connivance, the co-accused made an attempt to commit rape upon her daughter. The investigation has since been completed. Challan has been presented. Charges have been framed. Trial is likely to take time. The petitioner has placed on record copies of some compromise stated to have been arrived at between the complainant and herself as well as an affidavit shown to be sworn by the mother of the victim in this point. Though, no consideration can be given to these documents at this stage, however, still keeping in view the nature of the allegations that have been leveled against the petitioner, the period spent by her in custody, the quantum of sentence which the conviction may entail and the entire facts and circumstances, I am of the considered opinion that it is a fit case of given concession of bail to the petitioner.
8.
Hence, the petition is allowed and
!
!" ?
;
*! @ "
?/ ;"
) - .
!
> .
. !
" ; 4#1#$# #5 " '
," -.