High Court of Punjab and HaryanaCRM-M/42160/2016allowed

Manga Singh & ANR v. State Of Punjab

2017-01-16Mrs. Justice Raj Rahul Garg2 pages

CRM-M-42160-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-42160-2016 Date of Decision:- 16.01.2017 Manga Singh and another ....Petitioners

Versus

State of Punjab ....Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Pardeep Singh Mirpur, Advocate, for the petitioners. Ms. Manpreet Dhaliwal, AAG, Punjab.

**** RITU BAHRI, J. (Oral) Present petition is for release of petitioners on regular bail in FIR No.38 dated 24.03.2016, under Sections 366, 120 IPC (the offence punishable under Section 376 IPC and Section 4 of Prevention of Children from Sexual Offences, Act, were added later on), registered at Police Station Talwandi Sabo, District Bathinda.

Learned counsel for the petitioners submits that perusal of order dated 18.11.2016 passed in CRM-M-40777-2016 whereby anticipatory bail granted to co-accused Sukhwinder Singh clearly shows that Sukhwinder Singh has solemnized the marriage with daughter of complainant with the help of Charan Kaur. Moreover, the present petitioners, who are in custody since 28.03.2016, have been falsely implicated in the present case and no useful purpose would be served by Naresh Kumar 2017.01.18 11:23 I attest to the accuracy and integrity of this document Chandigarh further detaining them in jail.

CRM-M-42160-2016 -2Learned State counsel, on instructions from ASI Sarwan Singh, has informed that out of total 16 witnesses, none has been examined so far. I have heard the learned counsel for the parties and with their able assistance gone through the material available on record. The petitioners were arrested on 28.08.2016. Since then, they are in judicial custody and no useful purpose would be served to further detain them in jail. The final conclusion of the trial will take a long time. In view of above facts, the present petition is allowed. The petitioners are ordered to be released on regular bail on their furnishing adequate bail bonds and surety bonds to the satisfaction of learned trial Judge/Duty Magistrate, Bathinda.

Needless to mention that, nothing observed here-in-above, would reflect, on merits in the trial of the main case, in any manner. January 16, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.01.18 11:23 I attest to the accuracy and integrity of this document Chandigarh