The High Court granted regular bail to the petitioners, friends of the accused, in a case involving sexual intercourse with a minor and cheating, allowing their release despite the case not being tried on merits.
Petitioners directed to be released on regular bail subject to satisfaction of the CJM/Duty Magistrate Barnala.
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.
Crl. Misc.No.M 29061 of 2010 #1#
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH .
Crl. Misc.No.M 29061 of 2010
Date of Decision:-12.10.2010
. Sukhdarshan Singh & another
......Petitioners .
Versus
. State of Punjab
. ...... Respondent
CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH .
Present:Mr. Suresh Goyal, Advocate for the Petitioners.
Mr. Gaurav Garg Dhuriwala, AAG Punjab.
Mr. Gurbir Singh, Advocate for the Complainant.
JASWANT SINGH, J(ORAL)
Prayer is under Section 439 Cr.PC for grant of regular bail on behalf of the petitioners Sukhdarshan Singh and Sukhwinder Singh in case bearing FIR No.68 dated 22.5.2010 under Sections 366, 376(G) and 506 of the Indian Penal Code registered with Police Station Tapa Mandi, Police District Barnala, District Barnala.
Sukhdarshan Singh-petitioner no.1 and Sukhwinder Singhpetitioner no.2 are friends of Jagsir Singh, who is stated to have
#2#
Crl. Misc.No.M 29061 of 2010
solemnised his marriage on 5.4.2010 with Sukhpal Kaur, after their elopement. Complainant-Sukhpal Kaur, who is a major subsequently went to her parental home and lodged the above said FIR.
Learned counsel for the petitioners submits that petitioners being the friends of Jagsir Singh attended their marriage only and as such they have been falsely roped in. He further submits that petitioners are in custody since 24.5.2010.
Learned State Counsel on instructions from ASI Ajit Singh submits that the challan in the present FIR has been presented. He has also filed affidavit of Mr. Mukhtiar Singh, DSP, Tapa in compliance with order dated 8.10.2010 passed by this court.
Without expressing anything on the merits of the case, keeping in view the fact that the trial is not likely to be concluded in near future, no useful purpose would be served by keeping the petitioners behind the bars as such the the present petition is allowed and petitioners are directed to be released on bail subject to satisfaction of the CJM/Duty Magistrate Barnala.
( JASWANT SINGH ) JUDGE
12th October, 2010 Vinay
2 issues framed by the court
Whether the petitioners should be granted regular bail given the delay in trial concluded.
Whether the petitioners were falsely implicated in the FIR.
1 provisions across 1 enactments
Sukhdarshan Singh
Sukhwinder Singh
State of Punjab
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
