This criminal miscellaneous petition was filed to obtain regular bail under Section 439 CrPC. The court granted bail without expressing an opinion on the merits of the underlying charges.
Petitioner admitted to bail subject to the satisfaction of the Chief Judicial Magistrate, Hoshiarpur.
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In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M- 12158 of 2010 (O&M) Date of decision:8.7.2010
Ranbir Singh @ Goldy
......Petitioner
Versus
State of Punjab
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.Vivek K.Thakur, Advocate, for the petitioner.
Mr.Amandeep Singh Rai, AAG, Punjab.
SABINA, J.
This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 165 dated 30.8.2009, under Sections 376, 343, 506 of the Indian Penal Code registered at Police Station Tanda District Hoshiarpur.
The allegation against the petitioner is that he kept the prosecutrix confined in his shop from 25.8.2009 to 29.8.2009 when she was recovered by her parents and respectables of the village. The prosecutrix was allegedly brought out of the shop as the respectable persons told her that her marriage would be performed with Goldy.
Learned counsel for the petitioner has submitted that the
Criminal Misc. No.M- 12158 of 2010 (O&M) -2-
prosecutrix had executed an affidavit (Annexure P-3) to the effect that she had gone with the petitioner of her own free will and had returned home after four days. Now the prosecutrix is missing for the last 6-7 months and is not appearing before the trial Court for making her statement.
Learned State counsel, on the other hand, has opposed this petition and has submitted that as per the report of Sarpanch Joginder Singh, prosecutrix was missing for the last 6-7 months.
Keeping in view the facts and circumstances of the case, it would be just and expedient to release the petitioner on bail. The fact that whether the petitioner is guilty of the alleged offence or not would more appropriately be gone into and considered during trial.
Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. The petitioner is ordered to be admitted to bail subject to the satisfaction of Chief Judicial Magistrate, Hoshiarpur.
(SABINA) JUDGE
July 08, 2010 anita
1 issue framed by the court
Whether the petitioner is entitled to regular bail in an FIR involving confinement of the prosecutrix under alleged kidnapping and extortion circumstances.
1 provisions across 1 enactments
Ranbir Singh @ Goldy
State of Punjab
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
