High Court of Punjab and HaryanaCRM-M/6022/2017allowed

Sukha Singh v. State Of Punjab

2017-02-28Mr. Justice Fateh Deep Singh2 pages

CRM No.M-6022 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-6022 of 2017 Decided on: 28.02.2017 Sukha Singh ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MRS JUSTICE REKHA MITTAL Present :

Mr. Sukhbir Maandi, Advocate for the petitioner. REKHA MITTAL, J. (Oral) Heard.

Notice of motion.

Mr. Ankur Jain, AAG, Punjab accepts notice on behalf of the respondent.

The petitioner prays for grant of regular bail under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.143 dated 01.10.2014, for offence punishable under Sections 363, 366-A and 120-B of the Indian Penal Code (in short 'IPC') and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (Section 376 added later) registered in Police Station Sarhali, District Tarn Taran.

Counsel for the petitioner has submitted that the prosecutrix and the petitioner had an affair in pursuance whereof they performed marriage against wishes of parents of the prosecutrix. The petitioner and the prosecutrix filed a joint petition seeking protection to their life and liberty and the same was decided by this Court on Mohd. Yakub 2017.02.28 15:22 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-6022 of 2017 30.09.2014 vide order Annexure P2. It is further submitted that the prosecutrix has already been examined as a witness and she failed to connect the accused with the crime and was declared hostile. It is further submitted that the petitioner is ready to face the trial without any default but otherwise conclusion of trial may take some time. Counsel for the State has not disputed the factual assertions.

I have heard counsel for the parties, perused the paperbook and the records.

Without commenting upon merits of the case, the petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds to the satisfaction of the trial Court. However, he shall abide by the following conditions:- (i) He shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; and (ii) He shall not leave India without the previous permission of the Court.

28.02.2017 (REKHA MITTAL) yakub JUDGE Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2017.02.28 15:22 I attest to the accuracy and authenticity of this document Chandigarh