This single judge order granted regular bail in a criminal case involving offences against children. The court accepted that the petitioner is a woman and the mother of the main accused, with no risk of absconding.
Bail to the satisfaction of the Chief Judicial Magistrate or Duty Magistrate, Bathinda.
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.
CRM No.M-12605 of 2013
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M- 12605 of 2013(O&M) Date of Decision: May 29, 2013.
Jaspal Kaur
...... PETITIONER(s)
Versus
State of Punjab
...... RESPONDENT (s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. Harpreet S.Rakhra, Advocate, for the petitioner.
Mrs. Simsi Dhir Malhotra, DAG, Punjab.
RAM CHAND GUPTA, J.(Oral)
The present petition has been filed for regular bail under Section 439 of Code of Criminal Procedure in FIR no.130 dated 24.12.2012, under Sections 363/366A/376/342/34/120B IPC and Section 4 of the Child Security Act, registered at police station Nehianwala, District Bathinda.
I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge (Adhoc), Fast Track Court, Bathinda dismissing bail application filed on behalf of the petitioner.
CRM No.M-12605 of 2013
2
It has been contended by learned counsel for petitioner-accused that she is a lady and that she has been implicated in this case as she is mother of main accused, Gurvinder Singh. It is further contended that even as per allegations made by the prosecutrix, petitioner reached house of co-accused, Soma Kaur later on. It is further contended that she has been continuing in custody since 27.12.2012 and that investigation already completed and challan filed and however, trial is not likely to be concluded in near future.
The factual position has not been disputed by learned counsel for the State.
There are no allegations on behalf of the State that petitioner is likely to abscond or that she is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.
Hence, keeping in view these facts and without expressing any opinion on merits, the instant application for regular bail filed on behalf of Soma Kaur is allowed.
Bail to the satisfaction of CJM/Duty Magistrate, Bathinda.
( RAM CHAND GUPTA ) JUDGE
May 29, 2013. ‘om’
1 issue framed by the court
Whether regular bail should be granted to the petitioner, a woman accused and mother of the main accused, in a case involving offences including rape and kidnapping.
1 provisions across 1 enactments
Jaspal Kaur
State of Punjab
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
