Single judge granted regular bail to the petitioner in a POCSO and IPC case, observing that continued detention served no useful purpose given the delay expected in the final conclusion of the trial.
Petitioner ordered to be released on regular bail on furnishing adequate bail and surety bonds to the satisfaction of the trial judge or duty magistrate.
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-M-10968-2017
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-10968-2017 Date of Decision:- 30.05.2017
Sartaj Singh
....Petitioner
Versus
State of Punjab
....Respondent
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Mr. Tarun Vir Singh Lehal, Advocate, for the petitioner.
Ms. Manpreet Dhaliwal, AAG, Punjab.
RITU BAHRI, J. (Oral)
Present petition is for grant of regular bail to the petitioner in case FIR No.7 dated 06.01.2017, under Sections 376 & 511 IPC and Sections 7 & 8 of the Protection of Children from Sexual Offence Act, registered at Police Station Shahpur Kandi, District Pathankot.
Learned counsel for the petitioner submits that the petitioner is in custody since 07.01.2017 and no useful purpose would be served to further detain him in jail.
Learned State counsel, on instructions from investigating officer, has informed that after deletion of offence under Sections 376 and 511 IPC, the investigation qua Sections 354 and 354-A is going on and the challan is likely to be presented.
Naresh Kumar 2017.06.01 11:50 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-10968-2017
-2-
I have heard the learned counsel for the parties and with their able assistance gone through the material available on record.
The petitioner was arrested on 07.01.2017. Since then, he is in judicial custody and no useful purpose would be served to further detain him in jail. The final conclusion of trial will take a long time.
In view of above facts, the present petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of learned trial Judge/Duty Magistrate, Pathankot.
Needless to mention that, nothing observed here-in-above, would reflect, on merits in the trial of the main case, in any manner.
May 30, 2017 ( RITU BAHRI ) naresh.k JUDGE
| Whether speaking/reasoned | Yes |
|---|---|
| Whether reportable | No |
Naresh Kumar 2017.06.01 11:50 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether regular bail is maintainable in a POCSO case where the trial requires a long duration and no useful purpose is served by further detention.
2 provisions across 2 enactments
Sartaj Singh
State of Punjab
Ritu Bahri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
