High Court of Punjab and HaryanaCRM-M/40056/2020allowed

Karanvir Singh v. State Of Punjab

2021-09-01Ms. Justice Jaishree Thakur2 pages

CRM-M No.40056 of 2020 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.40056 of 2020 (O&M) Date of Decision:01.09.2021 (Heard through VC) Karanvir Singh

...Petitioner

Versus

State of Punjab

...Respondent

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

Ms. Rashmi Attri, AAG, Punjab.

**** JAISHREE THAKUR, J.

( ORAL) This is a petition that has been filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No.287 dated 27.11.2019 under Sections 376, 417 IPC registered at Police Station Division 6, District Police Commissionerate, Ludhiana.

Counsel for the petitioner would contend that the allegations under Section 376 IPC would not be made out, as the version of the complainant in the FIR is that a marriage by Satpadi was performed on 20.12.2018 at Panchkula, however, "no court marriage" was performed. It is submitted that in her statement under Section 164 Cr.P.C., she categorically stated that "we went to Panchkula where he took sacramental rounds with me but did not perform the court marriage". It is also argued that the investigation has been completed and challan stands presented, therefore, custody of the petitioner would no longer be required.

Learned counsel for the respondent-State pleads no instructions in the said matter but does not dispute the fact that investigation has been POONAM BHATT 2021.09.02 18:33 I attest to the accuracy and integrity of this document

CRM-M No.40056 of 2020 (O&M) -2completed and challan stands presented.

I have heard counsel for the parties. Keeping in view the fact that investigation has been completed and challan stands presented and the fact that trial is likely to take some time to conclude, no useful purpose would be served in keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case. (JAISHREE THAKUR) September 01, 2021 JUDGE P.Bhatt Whether speaking/reasoned Yes/No Whether reportable Yes/No POONAM BHATT 2021.09.02 18:33 I attest to the accuracy and integrity of this document