Jaswinder Singh v. State Of Punjab

CRM-M-51433-2022 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-51433-2022 Date of Decision:- 16.03.2023 JASWINDER SINGH ....Petitioner Vs.

STATE OF PUNJAB

...Respondent

CORAM:-HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. Gurpal Singh Sandhu, Advocate for the petitioner.

Mr. M.S.Joshi, Addl. A.G. Punjab.

**** AMARJOT BHATTI, J. (Oral) The petitioner - Jaswinder Singh has filed the instant petition under Section 439 Cr.P.C. for grant of regular bail in FIR No. 0167 dated 13.07.2022, under Sections 354-A, 507 of IPC and Section 66-E, 67(A) of Information Technology Act, registered at Police Station Lambi, District Sri Muktsar Sahib, Punjab.

The facts of the case are that the prosecutrix gave her statement to the police that she got married about 12 years ago with Gurmeet Singh. Out of this wedlock, she has a son namely Navdeep Singh, aged about 10 years. Since January 2017, she had love affair with Jaswinder Singh who is son of her Taya Sasur. She used to talk to him on whatsapp chat. About 4 years ago, he insisted her to show her body and on doing so, he prepared her nude video without telling her. Later on he refused to delete it. He further shared that video with one Amarjit Singh who started blackmailing her. Ultimately, that video was uploaded on Facebook and subsequently, LALIT SHARMA 2023.03.17 17:18 I attest to the accuracy and integrity of this document

CRM-M-51433-2022 -2he deleted the same. She was being continuously harassed by Amarjit Singh. Ultimately, she disclosed this fact to her husband and the matter was reported to the police.

Learned counsel for the petitioner argued that all the allegations levelled against him are false. There is a long delay of 5 years in lodging the FIR. He was arrested in this case on 14.07.2022 and since then, he is in judicial custody. He is ready to abide by terms of bail order. It is prayed that his regular bail application may be allowed. The bail application is opposed by learned counsel representing the State. Status report is received, according to which, the challan is presented on 09.09.2022 and the charge-sheet is yet to be framed. It is admitted that he is in judicial custody since 14.07.2022. Considering the gravity of offence, his regular bail application may be dismissed. I have considered the arguments and have gone through the record carefully.

The police has already completed the investigation and the challan is presented before the Illaqa Magistrate. The charge-sheet is yet to be framed as per the status report. Therefore, the recording of prosecution witness may take some time. He cannot be kept behind the bars for indefinite time period. Therefore, without expressing my mind on the merits of the case, the regular bail application filed by the petitioner - Jaswinder Singh is allowed. He is ordered to be released on bail to the satisfaction of trial Court/Duty Judge concerned. The petition is, accordingly, accepted.

16.03.2023 (AMARJOT BHATTI) lalit JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No LALIT SHARMA 2023.03.17 17:18 I attest to the accuracy and integrity of this document