Petitioner sought bail in an IPC case involving abduction and criminal breach of trust. The court noted the prosecutrix did not support the prosecution case.
Petitioner admitted to bail subject to satisfaction of the Chief Judicial Magistrate/Duty Magistrate Patiala.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-20772 of 2010 (O&M) Date of Decision: September 14, 2010
Jagbir Singh alias Jasbir Singh
........Petitioner
Versus
State of Punjab
.......Respondent
CORAM : HON'BLE MRS. JUSTICE SABINA
Present: Mr. Simaranjeet Singh, Advocate, for the petitioner.
Mr. Amandeep Singh Rai, AAG, Punjab.
SABINA, J.
Petitioner has filed this petition under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No.191 dated 30.12.2008, under Sections 363,366-A of Indian Penal Code (in short 'IPC'), later on added Section 494 IPC, Police Station Julkan, District Patiala.
Learned counsel for the petitioner has submitted that the prosecutrix has not supported the prosecution case. Petitioner is in custody since 24.11.2009.
Learned State counsel, on the other hand, has opposed the petition.
Keeping in view the fact that the prosecutrix aged 21 years has not supported the prosecution case, it would be just and expedient to release the petitioner on bail.
Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate Patiala.
(SABINA) JUDGE
September 14, 2010 Anand
1 issue framed by the court
Whether to grant regular bail to the petitioner given that the prosecutrix has not supported the prosecution case.
3 provisions across 2 enactments
Jagbir Singh alias Jasbir Singh
State of Punjab
SABINA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
