Single judge allowed bail in a sexual offence case where the prosecutrix and her husband turned hostile, citing trial delay and lack of medical evidence.
Petitioner released on bail during pendency of trial, subject to furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Hisar.
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.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. Misc. No. M-10198-2017 Date of decision : 22.05.2017
Shyam Sunder
....Petitioner
versus
State of Haryana
...Respondent
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Mr. Atul Kaushik, Advocate, for the petitioner.
Ms. Mahima Yashpal, AAG, Haryana
RITU BAHRI , J. (Oral)
Prayer in this petition is for grant of regular bail to the petitioner, in a case arising out of F.I.R No. 625 of 20.09.2016 under Section 376-D/506/34 IPC, registered at Police Station Civil Lines, District Hissar.
Learned State counsel on instructions from ASI Vijay Kumar has informed the Court that the victim and her husband have turned hositle in the trial on 11.05.2017. However, she has supported her version under Section 164 Cr.P.C. Learned State counsel further informed that there is no medical evidence of the prosecutrix.
Heard learned counsel for the parties.
Keeping in view the fact that the trial is likely to take some time to conclude and the fact that the prosecutrix and her husband had turned hostile, the present petition is allowed. Petitioner is ordered to be released on bail during pendency of the trial of the present case, subject to his furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Hisar.
22.05.2017 (RITU BAHRI) G Arora JUDGE
| Whether speaking/reasoned | Yes |
|---|---|
| Whether reportable | No |
GAURAV ARORA 2017.05.25 16:24 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether to grant regular bail to the petitioner given the hostile testimony of the prosecutrix and the likely delay in trial conclusion.
Shyam Sunder
State of Haryana
Ritu Bahri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
