Petitioner in custody sought regular bail in a kidnapping and sexual offence case. Court allowed bail noting co-accused granted bail and trial timelines, subject to bonds.
Petitioner ordered to be released on bail during pendency of trial subject to furnishing bail bonds.
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-1080 of 2017 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. Misc. No. M-1080 of 2017 Date of decision :- 27.01.2017
Sukhjinder Singh
....Petitioner
versus
State of Punjab
...Respondent
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Mr. Ramneek Vasudeva, Advocate for the petitioner
Ms. Anmol Grewal, DAG, Punjab
RITU BAHRI , J. (Oral)
Petitioner who is in custody since 07.07.2016 is seeking grant of regular bail, in a case arising out of FIR No. 94 dated 06.07.2016, registered at Police Station Aloh, District Fatehgarh Sahib, who has been booked for having committed the offence punishable under Section 363/366-A/380/457/120-B IPC (challaned under Sections 363/366/376A/120-b IPC and Section 6 of POCSO Act).
Petitioner is real brother of the main accused Gurvinder Singh @ Giri against whom there is allegation of kidnapping of minor daughter namely Akvir Kaur of the complainant, who at that time was 17 years and 11 months.
Learned counsel contends that the co-accused Nirmal Kaur (mother of the petitioner) has also been granted regular bail by this Court on 05.12.2016 (P-2).
Learned counsel submits that Akvir Kaur and brother of the
GAURAV ARORA 2017.01.31 15:02 I attest to the accuracy and integrity of this document Chandigarh
Crl. Misc. No. M-1080 of 2017 -2-
petitioner were having love affair and they even performed marriage and sought protection from the Court of learned Sessions Judege, Ludhiana and the protection was granted to them vide Annexure P-3 colly.
Learned counsel submits that a bare perusal of statement of the prosecutrix given under Section 161 Cr.P.C shows that no role has been attributed to the present petitioner.
Learned State counsel on the other hand does not dispute that the role attributed to the present petitioner is similar to that of his mother, who has been granted regular bail by this Court on 05.12.2016 (P-2)
Heard.
Keeping in view the fact that the trial is likely to take some time to conclude and the fact that the co-accused have also been granted regular bail by this Court, 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, Fatehgarh Sahib.
27.01.2017 (RITU BAHRI) G Arora JUDGE
Whether speaking/reasoned Yes Whether reportable No
GAURAV ARORA 2017.01.31 15:02 I attest to the accuracy and integrity of this document Chandigarh
2 issues framed by the court
Whether the petitioner is entitled to regular bail in a kidnapping and sexual offence case where co-accused have been granted bail.
Whether the petitioner's alleged role in the offence warrants denial of bail.
Colour shows how this judgement treated each authority
Criminal Procedure Code, 1973Referred
Section 161 Cr.P.C.
Indian Penal Code, 1860Referred
Section 363/366-A/380/457/120-B IPC
POCSO ActReferred
Section 6 of POCSO Act
Sukhjinder Singh
State of Punjab
Ritu Bahri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
