In this bail petition under Section 439 Cr.P.C., regarding FIR under POCSO Act and IPC, the High Court considered the duration of detention and the expected trial timeline.
Petitioner enlarged on bail subject to furnishing bail/surety bonds to satisfaction of the trial Court 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.
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CRM No. M-24807 of 2020
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No. M-24807 of 2020 Date of decision 03.09.2020
Jagtar Singh
...Petitioner
Vs.
State of Haryana
...Respondent
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Mr. Namit Khurana, Advocate, for the petitioner.
Ms. Sheenu Sura, D.A.G. Haryana
Ritu Bahri, J. (Oral)
This petition under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No.172 dated 24.12.2019, under Sections 6/12/17 of POCSO Act and Section 452/506 IPC, registered at Women Police Station Yamuna Nagar, District Yamuna Nagar.
Learned counsel for the petitioner at the very outset submits that mother of the petitioner had moved a complaint dated 18.12.2019 regarding the abuses given by Gurvinder Singh and others on 17.12.2019. Due to this complaint, the present F.I.R was got registered against the petitioner. Learned counsel further submits that petitioner and prosecutrix were in love with each other and wanted to marry each other. Further after the arrest of the petitioner, the prosecutrix is talking with the sister of the petitioner, as per what's app chat (P-3).
Learned State counsel on instrucions has informed that challan has been presented and there are total 10 witnesses.
GAURAV ARORA 2020.09.04 14:17 I attest to the accuracy and integrity of this document Chandigarh
CRM No. M-24807 of 2020
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The petitioner is in custody since 16.02.2020.
Heard.
Keeping in view the period of incarceration of the petitioner and the fact that trial may still take some time for its conclusion, this court feels that there is no need to detain the petitioner any longer. Accordingly,
this petition is allowed and petitioner is ordered to be enlarged on bail, subject to his furnishing bail bonds/surety bonds to the satisfaction of the
trial Court/Duty Magistrate, Yamuna Nagar.
(RITU BAHRI) 03.09.2020 JUDGE G Arora Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
GAURAV ARORA 2020.09.04 14:17 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether the petitioner is eligible for regular bail considering his period of incarceration and the time remaining for trial.
1 provisions across 1 enactments
Jagtar Singh
State of Haryana
Ritu Bahri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
