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High Court of Punjab and HaryanaCRM-M/40583/2016allowed

Rashpal Singh v. State Of Punjab

2016-11-17Mrs. Justice Raj Rahul Garg2 pages

CRM-M-40583-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-40583-2016 Date of Decision:- 17.11.2016 Rashpal Singh ....Petitioner

Versus

State of Punjab ....Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Ms. Sushma Chopra, 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.41 dated 19.02.2015, registered at Police Station Nakodar, District Jalandhar, who has been booked for having committed the offences punishable under Sections 363, 366-A, 376, 328 and 120-B IPC.

Learned counsel for the petitioner submits that as per character certificate (Annexure P-3) of the prosecutrix, she had attained the majority at the time of solemnization of her marriage with the petitioner. As per her statement dated 17.09.2015 (Annexure P-4) recorded under Section 164 Cr.P.C., she stated that she was 19 years and had gone with the petitioner at Naresh Kumar 2016.11.22 09:52 I attest to the accuracy and integrity of this document Chandigarh her own will and without any pressure.

CRM-M-40583-2016 -2I have heard the learned counsel for the parties and with their able assistance gone through the material available on record. The petitioner was arrested on 17.09.2015. Since then, he is in judicial custody and no useful purpose would be served to further detain him in jail. The final conclusion of trial will take a long time. In view of above facts, the present petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of learned trial Judge/Duty Magistrate, Jalandhar.

November 17, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2016.11.22 09:52 I attest to the accuracy and integrity of this document Chandigarh