High Court of Punjab and HaryanaCRM-M/48515/2017disposed of

Charanjit Kaur v. State Of Punjab

2017-12-22Mr. Justice Harsimran Singh Sethi2 pages

CRM-M-48515-2017 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-48515-2017 Date of decision: 22.12.2017 Charanjit Kaur

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MS. JUSTICE JAISHREE THAKUR Present:- Mr. Sukhjit Singh, Advocate, for the petitioner.

Mr. A. S. Dhaliwal, DAG, Punjab.

JAISHREE THAKUR, J.

(Oral) This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 55 dated 08.07.2015, under Sections 376, 506 and 34 of the IPC and Section 4 of the POCSO Act, registered at Police Station Maloud, Police District Khanna, District Ludhiana.

It is contended by learned counsel for the petitioner that the petitioner has falsely been implicated in this case and she is in custody since 19.06.2017. It is also contended that after the registration of the instant FIR, the prime accused Baba Onkar Singh has preferred a petition under Section 438 Cr.P.C. before this Court in which he has been granted interim bail by order dated 13.12.2017 (Annexure P-5). It is prayed that the petitioner should be enlarged on regular bail since the trial is likely to take some time. Mr. A. S. Dhaliwal, Punjab, has appeared on behalf of respondent-State and contested the bail application. He opposes the grant of regular bail to the petitioner on the ground that offences are serious in Satyawan 2017.12.23 11:24 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-48515-2017 -2nature, however, is not in a position to dispute that co-accused has already been granted interim bail under Section 438 Cr.P.C. by this Court. I have heard learned counsel for the parties. Since the petitioner is in custody since 19.06.2017 and the coaccused has already been granted bail and that the trial is likely to take some time, no useful purpose would be served in keeping her in custody furthermore. Hence, the present petition is accepted. The petitioner is ordered to be released on regular bail on her furnishing bail bonds and surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned.

However, any opinion expressed herein is for the purpose of grant of regular bail and not an opinion on the merits of the case. 22.12.2017 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Satyawan 2017.12.23 11:24 I attest to the accuracy and authenticity of this document High Court Chandigarh