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High Court of Punjab and HaryanaCRM-M/44194/2016allowed

Jaspal Singh v. State Of Punjab

2016-12-20Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-44194 of 2016 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-44194 of 2016 Date of decision :- 20.12.2016 Jaspal Singh ....Petitioner versus State of Punjab

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Aminder Singh, Advocate for the petitioner Mr K.D. Sachdev, Addl.A.G, 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. 86 dated 14.06.2016, registered at Police Station Bhwanigarh, District Sangrur, who has been booked for having committed the offence punishable under Section 363/366 IPC (Sectio376/109 IPC added lateron).

The allegation against the petitioner is that he had allured the the daughter of the complainant and committed rape upon her. At the very outset, learned counsel has referred to the statement given by Kulvir Kaur-prosecutrix whereby she stated that she stayed with the petitioner for three days at Bhawanigarh and in these three days, the petitioner committed rape upon her on the pretext of marriage. They were apprehended by the police when they were going to Bus Stand, Bhawanigarh. Further in the cross examination, the prosecutrix stated that she is not ready to marry the petitioner even if he is ready to marry. GAURAV ARORA 2016.12.23 12:39 I attest to the accuracy and integrity of this document Chandigarh

Crl. Misc. No. M-44194 of 2016 -2After going through the statement, it seems that the prosecutrix was having affair with the petitioner and she had gone with him out of her own sweet will.

Learned State counsel on instruction states that out of 19 witnesses, 03 have been examined so far.

Heard.

Petitioner is in custody since 17.06.2016 Keeping in view the fact that the trial is likely to take some time to conclude, the present petition is allowed. Petitioner is ordered to be released on bail during pendency of the trial of the present case, subject to his furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Sangrur.

20.12.2016 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2016.12.23 12:39 I attest to the accuracy and integrity of this document Chandigarh