Single judge allowed bail to Jaswinder Singh in a case involving offences under Sections 323, 376 and 506 IPC. Court noted the prosecution version regarding marriage and second marriage during trial.
Petitioner ordered to be released on bail subject to furnishing bonds to the satisfaction of the learned trial court.
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.
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Criminal Misc. No.M-19494 of 2012 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No.M-19494 of 2012 (O&M) Date of Decision : October 17, 2012
Jaswinder Singh
...Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI
Present: Mr.Manoj Bajaj, Advocate, for the petitioner. Mr.Rajiv Malhotra, Addl.Advocate General, Haryana. Mr.Pawan Sharma, Advocate, for the complainant.
Naresh Kumar Sanghi, J.
Criminal Misc. No.62933 of 2012
Allowed as prayed for. Statement of PW-8 (Annexure P-10) is taken on record.
Criminal Misc. No.M-19494 of 2012
Prayer in this petition is for grant of regular bail to petitioner-Jaswinder Singh, who has been booked for having committed the offences punishable under Sections 323, 376 and 506, IPC.
Learned counsel contends that the prosecutrix is aged about 30 years. He further submits that as per prosecution version, the prosecutrix had solemnized the marriage with the petitioner with her own free will and consent. He further submits that the allegations against the petitioner are that after solemnization of the marriage with the prosecutrix, he performed yet another marriage with another lady, therefore, it cannot be
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Criminal Misc. No.M-19494 of 2012 (O&M)
said by any stretch of imagination that any cheating was committed or the prosecutrix was induced to have sex with the petitioner without her free will and consent. He further submits that the petitioner is behind the bars from 17.05.2012. He also submits that the prosecutrix has been examined as PW-8 and perusal of her statement clearly supports the stand of the petitioner.
Learned counsel for the State assisted by Sh.Pawan Sharma, counsel for the complainant could not controvert the factual aspects raised by the learned counsel for the petitioner. However, they have vehemently opposed the grant of bail to the petitioner on the ground that if he is released on bail then he will threaten the witnesses.
Heard.
The petitioner has concededly solemnized the marriage with the prosecutrix. The commission of offence under Section 376, IPC by the petitioner would be a moot point during the course of trial. The second marriage alleged to have been solemnized with another lady was after the solemnization of the marriage with the prosecutrix, therefore, it cannot be said that the petitioner cheated the prosecutrix of this case. The statement of the prosecutrix has already been recorded by the learned trial court. The material witnesses have already been recorded.
Without commenting much on the merits of the case, the present petition is allowed. Petitioner-Jaswinder Singh, s/o
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Criminal Misc. No.M-19494 of 2012 (O&M)
Gian Singh, r/o Village Haripur, P.S.Pinjore Tehsil Kalka, District Panchkula, is ordered to be released on bail during the pendency of the trial subject to his furnishing bonds to the satisfaction of the learned trial court.
October 17, 2012 seema
(Naresh Kumar Sanghi) Judge
1 issue framed by the court
Whether petitioner Jaswinder Singh should be granted bail in offences punishable under Sections 323, 376 and 506 IPC.
JASWINDER SINGH
STATE OF HARYANA
NARESH KUMAR SANGHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
