Satinder Singh @ Ghoni v. State Of Punjab

KAPIL 2015.09.11 16:25 I attest to the accuracy and integrity of this document CRM-M-30303-2015 [1] *** In the High Court of Punjab and Haryana at Chandigarh. CRM-M-30303-2015 Date of Decision:11.09.2015 Satinder Singh @ Ghoni ........Petitioner

Versus

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

Present:

Mr. Vipin Mahajan, Advocate, for the petitioner.

Mr. R.P.S. Sidhu, AAG, Punjab.

***** SABINA, J.

Petitioner has filed this petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in FIR No.20, dated 26.03.2015, under Sections 376, 451 and 506 of the Indian Penal Code, 1860 registered at Police Station Batala, Police District Batala, District Gurdaspur, Punjab.

Prosecution story, in brief, is that on 15.03.2015 at about 10:00/11:00 P.M, petitioner had entered the house of the prosecutrix and had committed the offence of rape. Learned counsel for the petitioner has submitted that although, the alleged occurrence took place on 14.03.2015 but the matter was reported to the police on 26.03.2015. Petitioner has been falsely involved in this case as the elder brother of the husband of the prosecutrix is

KAPIL 2015.09.11 16:25 I attest to the accuracy and integrity of this document CRM-M-30303-2015 [2] *** having enmity against the petitioner and his family members. Petitioner is in custody since 04.04.2015. Challan has already been presented in the Court. Conclusion of trial may take time.

Learned State counsel, on the other hand, has opposed the petition.

Keeping in view the submissions made by learned counsel for the petitioner, it would be just and expedient to release the petitioner on bail.

Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to the satisfaction of Chief Judicial Magistrate, Gurdaspur.

September 11, 2015 (SABINA) kapil JUDGE