Petitioner sought regular bail in a case involving offences under IPC 420, 376, 120-B and Immoral Traffic Act. Court granted bail noting that another co-accused was already at liberty on bail.
Petitioner released on bail on furnishing a personal bond of Rs.25,000 with one surety in the like amount.
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-8370 of 2012
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-8370 of 2012 (O&M) Date of Decision : May 4th , 2012
Amanpreet Singh
.... Petitioner
Versus
State of Punjab
.... Respondent
CORAM : HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest?
Present Mr. Sunil Agnihotri, Advocate, for the petitioner.
Mr. Amandeep Singh Rai, DAG, Punjab, for the State.
VIJENDER SINGH MALIK, J.
Amanpreet Singh, the petitioner seeks regular bail in a case registered by way of FIR No. 84 dated 18.5.2011 at Police Station Sadar, Ludhiana, District Ludhiana City for an offence punishable under sections 420, 376 read with section 120-B of Indian Penal Code and section 5 of the Immoral Traffic (Prevention) Act, 1956.
Learned counsel for the petitioner has submitted that Rimpy, the complainant had been married with Harpreet Singh. According to him, she has alleged in the FIR that she took divorce from said Harpreet Singh and with the permission of Narinder Kaur, Manjit Singh and Amanpreet Singh, she had been residing with them for the last 2-3 years.
Crl. Misc. No.M-8370 of 2012
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He has further submitted that she claims to have been living with Amanpreet Singh expecting her marriage with him and has claimed that she has been pushed into the flesh trade against her will.
Learned counsel for the petitioner has further submitted that the allegations of pushing into the flesh trade are against Narinder Kaur. According to him, the only allegation against Amanpreet Singh, the petitioner had been that she had been living with him after divorcing her first husband and that after sometime, Amanpreet Singh was involved in a criminal case and he went behind the bars and thereafter, she was pushed into the flesh trade. According to him, she has also claimed that she had been sold twice by the accused. According to him, if she had been sold against her wishes, she cannot be believed to have returned to the accused for being sold another time. According to him, Narinder Kaur has already been granted the concession of bail in this case.
Learned State counsel has submitted, on the other hand, that all the three accused were there to push the complainant into flesh trade.
It is a fact that the complainant had been married and she had taken divorce from her first husband. What was the promise made by Narinder Kaur to the complainant, on which she started living with her and her sons is not stated in the FIR. Even if this promise was to marry her with Amanpreet Singh, Amanpreet Singh went away from his house in connection with his involvement in a criminal case and thereafter, the complainant claims that she was pushed into the flesh trade and was sold twice.
When Narinder Kaur stands released on bail in this case, Amanpreet Singh, the petitioner also becomes entitled to the said relief.
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Hence, the petition is allowed. The petitioner is directed to be released on bail on his furnishing a personal bond in a sum of Rs.25,000/- with one surety in the like amount to the satisfaction of learned Chief Judicial
Magistrate, Ludhiana.
(VIJENDER SINGH MALIK) JUDGE May 4th , 2012 som
1 issue framed by the court
Whether the petitioner is entitled to bail given that another accused in the same case has been released on bail.
Amanpreet Singh
State of Punjab
VIJENDER SINGH MALIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
