Dharamjit Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-45884-2019 Date of decision:28.11.2019 DHARAMJIT SINGH .....Petitioner

Versus

STATE OF PUNJAB .....Respondent **** CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL ****

Present:

Mr. Shivender Pal Singh, Advocate for the petitioner.

Ms. Rashmi Attri, AAG, Punjab.

**** GURVINDER SINGH GILL , J. (ORAL) 1.

The petitioner seeks grant of regular bail in case registered vide FIR No.46 dated 6.6.2017 under Sections 363, 366, 420 of Indian Penal Code & Section 3 of POCSO Act, Police Station Bhindi Saidan, District Amritsar.

2.

The FIR was lodged at the instance of Karam Singh wherein it has been alleged that his daughter went missing from home on 26.4.2017 and despite efforts made by them, she could not be found. It is alleged that later he came to know that Dharamjit Singh (petitioner) had enticed away his daughter while alluring her into marriage. 3.

Learned counsel for the petitioner has submitted that the complainant's GAURAV SOROT 2019.11.29 10:13 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-45884-2019 daughter had left her parental home out of her own accord and free will and had solemnized marriage with the petitioner and that after marriage they had also been blessed with a child and as on date, the complainant's daughter is comfortably residing in the house of the petitioner with her inlaws. 4.

Opposing the petition, learned State counsel has submitted that since the complainant's daughter was minor and is still a minor, the offences in question clearly stand made out and in these circumstances the petitioner does not deserve the concession of regular bail. It has further been informed that although the petitioner had also been declared proclaimed offender but was subsequently arrested on 6.10.2019. 5.

Without making any expression as regards merits of the case and keeping in view that the petitioner has been behind bars since 6.10.2019, his further detention will not serve any useful purpose as conclusion of trial, conclusion of trial, in in its normal course, is likely to take some time its normal course, is likely to take some time. The petition, as such, is . The petition, as such, is accepted and it is ordered that petitioner be released on bail on his accepted and it is ordered that petitioner be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate, concerned. Court/Chief Judicial Magistrate/Duty Magistrate, concerned. ( GURVINDER SINGH GILL) 28.11.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2019.11.29 10:13 I attest to the accuracy and integrity of this document