High Court of Punjab and HaryanaCRM-M/28584/2016allowed

Pargat Singh v. State Of Punjab

2016-08-23Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-28584 of 2016 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-28584 of 2016 Date of decision : 23.08.2016 Pargat Singh ....Petitioner versus State of Punjab

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Sunil Chadha, Sr. Advocate with Ms. Swati Verma, Advocate for the petitioner Ms. Manpreet Dhaliwal, AAG, Punjab **** RITU BAHRI , J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner, in a case arising out of FIR No. 113 dated 27.06.2016, registered at Police Station Sadar, Khanna, District Ludhiana, who has been booked for having committed the offence punishable under Sections 376/511/457 IPC.

Learned counsel for the petitioner at the very outset has submitted that the petitioner has been falsely implicated as the prosecutrix herself called the petitioner at her home in the night of 26.06.2016. Further petitioner had tendered 3 CD's in the Court containing the conversation between the petitioner and the prosecutrix to show that there was intimacy between the petitioner and the prosecutrix since long. Learned State counsel has not been able to tell as to what investigation has been made with regard to CD's, which the petitioner had GAURAV ARORA 2016.08.24 16:35 I attest to the accuracy and integrity of this document

Crl. Misc. No. M-28584 of 2016 -2placed on record before the Court below. Challan has been presented under Section 376/511 IPC.

In the absence of any investigation by the police with regard to the telephonic conversation between the petitioner and the prosecutrix, this Court feels that there is no need to detain the petitioner any longer. Accordingly, the present petition is allowed. Petitioner is ordered to be released on bail during pendency of the trial of the present case, subject to her furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Ludhiana. 23.08.2016 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2016.08.24 16:35 I attest to the accuracy and integrity of this document