In a criminal miscellaneous petition for pre-arrest bail, this court rejected the petitioner's claim that the FIR allegations were vague due to the parties' legal education and lack of specific dates, granting that sexual relations based on prior understanding do not require diary entries.
The petition for pre-arrest bail was dismissed.
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- 2235 of 2013(O&M)
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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Crl. Misc. No. M- 2235 of 2013 Date of decision. 23.01.2013
Parveen Sharma
....... Petitioner
Versus
The State of Punjab
........ Respondent
CORAM:HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
Present:Mr. D.S. Malwai, Advocate for the petitioner.
VIJENDER SINGH MALIK, J.
Crl. Misc. No.4251 of 2013
Miscellaneous application is allowed as prayed for. Crl. Misc. No.M-2235 of 2013
Parveen Sharma,the petitioner seeks pre-arrest bail in a case registered by way of FIRNo.224 dated 28.11.2012 at Police Station Kotwali Bathinda, District Bathinda, for an offence punishable under section 376 IPC.
Crl. Misc. No. M- 2235 of 2013(O&M) ----2--
Learned counsel for the petitioner has submitted that the petitioner and the complainant are holding degrees in law. According to him, the allegations are quite vague. He has further submitted that even no date of occurrence is given in the FIR.
It is a case where the FIR was registered after due inquiry and the police is said to be on its way to arrest the petitioner. On an understanding between the two that in future they will tie a nuptial knot between them the two had sexual relations. It can not be expected from the girl that she would maintain a diary and take down the dates when they had established sexual relations between them. The allegations contained in the FIR are not vague in any manner. At least this is not a case where anticipatory bail could be granted to the petitioner.
Looking to the seriousness of the matter, I do not find the petitioner to be entitled to pre-arrest bail. The petition is consequently dismissed.
(VIJENDER SINGH MALIK) JUDGE
January 23, 2013 dinesh
2 issues framed by the court
Whether pre-arrest bail can be granted in a case of rape where the petitioner and complainant are law graduates and allegations are based on past sexual relations.
Whether the allegations in the FIR are vague or infringe Article 21 of the Constitution.
1 provisions across 1 enactments
Parveen Sharma
The State of Punjab
VIJENDER SINGH MALIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
