In this bail petition under Section 439 CrPC, the Court allowed the petitioner's prayer after noting that charges were framed and acknowledging her period of incarceration as a sufficient ground for release pending trial.
The petitioner was ordered to be enlarged on bail to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Mansa.
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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Crl. Misc. No. M-32667 of 2012 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Date of Decision: November 21, 2012 Crl. Misc. No. M-32667 of 2012 (O&M)
Nikri @ Seema Kaur …petitioner
Versus
State of Punjab …Respondent
CORAM: HON’BLE MS. JUSTICE RITU BAHRI
Present: Mr. A.S. Cheema, Advocate for the petitioner.
Mr. P.S. Bajwa, Addl. A.G., Punjab.
RITU BAHRI, J. (Oral)
This petition under Section 439 Cr.P.C. is for grant of regular
bail in case FIR No. 172 dated 30.09.2011, under Sections 376, 120-B IPC and Section 3 of the SC & ST Act, 1989 registered at P.S. City-I Mansa, District Mansa.
Learned State counsel, on instructions from ASI Harjinder Singh,
has informed this Court that after presentation of the challan, the charges have been framed on 21.08.2012. The allegations against the petitioner is that she has come to the house of prosecutrix and taken her on the pretext that her mother was injured. Subsequently, the girl was found in the house of Bhappo where her brother Goggi committed rape upon her.
Heard.
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Crl. Misc. No. M-32667 of 2012 (O&M)
Keeping in view the period of incarceration of the petitioner and the fact that trial may still take some time to conclude, this court feels that there is no need to detain the petitioner any longer. Accordingly, the petition is allowed and the petitioner is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Mansa.
(RITU BAHRI) JUDGE November 21, 2012 Atul
2 issues framed by the court
Whether the petitioner should be enlarged on regular bail given the frames of charge and period of incarceration.
Whether detention of the petitioner is necessary considering the pendency of the trial.
4 provisions across 3 enactments
Nikri @ Seema Kaur
State of Punjab
Ritu Bahri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
