High Court of Punjab and HaryanaCRM-M/9696/2017dismissed

Parbhat Pal Singh v. State Of Punjab

2017-03-22Mr. Justice Fateh Deep Singh2 pages

CRM No.M-9696 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-9696 of 2017 Date of decision: 22.03.2017 Parbhat Pal Singh ....Petitioner

Versus

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

Present:

Mr. Abhay Sharma, Advocate for the petitioner.

REKHA MITTAL J. (Oral) The petitioner prays for grant of bail in anticipation of arrest in FIR No.21 dated 04.02.2016 registered at Police Station Jandiala, District Amritsar for offence punishable under Sections 376 and 506 of the Indian Penal Code (in short 'IPC). Counsel for the petitioner has submitted that a false case has been registered by the complainant with an intent to cause harassment and extract money from the petitioner and his friend Sherry. It is further submitted that the prosecutrix did not get her medical examination conducted to corroborate her version with regard to rape. Another submission made by counsel is that as per allegations, occurrence took place on 03.02.2016 at about 11:00 PM but the FIR was registered in the late evening of 04.02.2016, after about twelve hours. The last submission made by counsel is that the investigating agency has not presented the challan despite expiry of more than a year since registration of FIR.

I have heard counsel for the petitioner and perused the Mohd. Yakub 2017.03.24 12:48 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-9696 of 2017 paperbook particularly the allegations brought-forth in the First Information Report.

As per the allegations in the FIR lodged at the behest of Harvinder Kaur, Parbhat Pal Singh (petitioner herein) came into her contact as the prosecutrix and the accused had been attending classes together for IELTS course. On 03.02.2016 at about 11:00 PM the accused came to her house, threatened her and took her along with in his car to his motor where another person named Sherry, heavily drunk was there and they raped her.

Taking into consideration gravity of allegations, I do not think it to be a fit case wherein the petitioner deserves to be extended concession of pre-arrest bail.

Dismissed.

(REKHA MITTAL) JUDGE 22.03.2017 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Mohd. Yakub 2017.03.24 12:48 I attest to the accuracy and authenticity of this document Chandigarh