Baldev Singh @ Jagga v. State Of Punjab

Criminal Misc.No.M-249 of 2015 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc.No.M-249 of 2015 Date of Decision: January 28, 2015 Baldev Singh @ Jagga

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

Present:

Mr.Anterpreet Singh, Advocate, for the petitioner.

Mr.Shilesh Gupta, Addl.AG, Punjab.

Naresh Kumar Sanghi, J.(Oral) Prayer in this petition is for grant of regular bail to the petitioner, Baldev Singh @ Jagga, who has been booked for having committed the offences punishable under Sections 201, 302, 363-A, 364, 366-A, 376, 376-A, 376-D, 376(2), 419, 420, 465, 468 and 471 read with Section 34, IPC, and Sections 4, 6,8 and 10 of the Protection of Children from Sexual Offences Act, 2012, in a case arising out of FIR No.31, dated 21.03.2014, registered at Police Station, Adampur, District Jalandhar.

Learned counsel contends that concededly, the offences of rape and murder were not committed by the petitioner; the only allegation against the petitioner is that he conspired with his brother for disposal of the dead body which SEEMA RANI 2015.01.28 17:07 I attest to the accuracy and authenticity of this document Chandigarh

Criminal Misc.No.M-249 of 2015 [2] will attract the provisions of Section 201, IPC, which is bailable one; the petitioner is behind the bars from 23.05.2014 and after completion of the investigation, the charge-sheet (report under Section 173, Cr.P.C.) has already been submitted before learned court below; learned trial court has framed the charge of Section 201, IPC, against the petitioner.

Learned counsel for the State, on instructions from SI Jagan Nath, Police Station, Adampur, District Jalandhar, very fairly concedes that except the allegations attracting the mischief of Section 201, IPC, there is no other allegation against the petitioner. He also concedes that rape and murder were committed by the co-accused of the petitioner. After hearing the learned counsel for the parties and going through the material available on record, the present petition is allowed. Petitioner- Baldev Singh @ Jagga, s/o Harbhajan Singh, r/o village Mandhera, P.S.Adampur, District Jalandhar, is ordered to be released on bail, during pendency of the present case, subject to his furnishing bond in the sum of Rs.2,00,000/- with one surety in the like amount to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Jalandhar.

January 28, 2015 (Naresh Kumar Sanghi) seema Judge SEEMA RANI 2015.01.28 17:07 I attest to the accuracy and authenticity of this document Chandigarh