The court considered an application for anticipatory bail under Section 438 CrPC in a rape case. Holding that the gravity of the offence precludes bail, the application was dismissed.
Application for anticipatory bail dismissed.
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In the High Court of Punjab and Haryana at Chandigarh.
CRM No. M- 17155 of 2009 (O&M) Decided on:- 02.07.2009
Surinder Kumar
……Petitioner
Versus
State of Punjab …….Respondent
Coram Hon’ble Mr. Justice K. C. Puri
Present Mr. A. K. Khunger, Advocate for the petitioner.
K. C. Puri, J.(Oral )
Petitioner Surinder Kumar has moved an application under Section Section 438 of the Code of Criminal Procedure for anticipatory bail in case FIR No. 34 dated 29.3.2009, under Sections 376, 506 IPC, registered at P. S. Gidderbaha District Muktsar.
As per allegations of the prosecution, the petitioner raped the prosecutrix. The gravity and seriousness of the offence does not make out a case for grant of bail. Consequently, the application for grant of anticipatory bail stands dismissed.
July 02, 2009 ( K.C. Puri ) mamta Judge
2 issues framed by the court
Whether anticipatory bail should be granted in a case involving the offence of rape under Section 376 IPC.
Whether the gravity and seriousness of the offence justify rejecting the application for anticipatory bail.
1 provisions across 1 enactments
Surinder Kumar
State of Punjab
K. C. Puri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
