High Court of Punjab and HaryanaCRM-M/49575/2021allowed

Charanjit Kaur v. State Of Punjab

2021-12-01Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-49575-2021 Date of decision:01.12.2021 Charanjit Kaur ..... Petitioner

Versus

State of Punjab ..... Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Rajesh Kapila, Advocate for the petitioner.

Mr. Luvinder Sofat, AAG, Punjab.

**** MANJARI NEHRU KAUL , J. (ORAL) This is the 3rd petition filed under Section 439 Cr.PC for grant of regular bail to the petitioner in case FIR No.34 dated 15.04.2021 lodged under Sections 376-D/120B IPC, 1860 registered at Police Station Sekhwan District Batala.

Learned counsel for the petitioner has submitted that subsequent to the withdrawal of previous petition on 24.09.2021 the prosecutrix stands examined before the trial Court wherein she failed to support the case of the prosecution, as a result of which, she was declared hostile. A prayer, therefore, has been made to extend the concession of bail to the petitioner, who has now been in custody since 15.04.2021 as his further incarceration would not serve any useful purpose. Per contra, learned State counsel on instructions from ASI Harbhej Singh has conceded that the prosecutrix failed to support the case of the prosecution qua three of the accused including the petitioner while stepping into the witness box, as a result of which, she was declared hostile. SONIA BURA 2021.12.01 17:09 I attest to the accuracy and integrity of this document chandigarh

CRM-M-49575-2021 -2He further submits that 12 prosecution witnesses remain to be examined. Heard learned counsel and perused the material available on record.

In the wake of submissions made by learned counsel for the petitioner as well as in the facts and circumstances of the case as enumerated hereinabove, the present petition is allowed. The petitioner be admitted to bail to the satisfaction of the trial Court/Duty Magistrate concerned. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.

01.12.2021 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SONIA BURA 2021.12.01 17:09 I attest to the accuracy and integrity of this document chandigarh