High Court granted regular bail in a POCSO case where prosecution witnesses turned hostile and trial was delayed significantly, citing violation of right to speedy trial.
Petitioner to be released on regular bail upon furnishing adequate surety bonds to the satisfaction of the trial court or duty magistrate.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
224
CRM-M-8057-2025(O&M) Decided on : 04.03.2025
BALWINDER SINGH @ DEEPA
. . . Petitioner(s)
Versus
STATE OF PUNJAB . . . Respondent(s)
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
PRESENT: Mr. P.S.Guliani, Advocate for Mr. Aminder Singh, Advocate for the petitioner(s).
Ms. Aakanksha Gupta, AAG Punjab.
KIRTI SINGH, J. (Oral)
The jurisdiction of this Court under Section 483 of BNSS has been invoked for grant of regular bail to the petitioner in case FIR No.66 dated 27.06.2024 under Sections 376(3), 454 and 506 of IPC and Section 4(2) of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Moonak, District Sangrur.
“Statement of Ramandeep Kaur daughter of Baljit Singh resident of Salemgarh police station Moonak district Sangrur age 15 years 10Months Mobile No. 98729-57351 stated that I am a resident of the said address and I am studying in class XI at Government Senior Secondary School (Kanya) Moonak. We are two brother and sister, my elder brother is Amandeep Singh, my father is a laborer. On 25/05/2024, I was present alone at my house. My mother had gone to pay obeisance in the dera built in the village and my father like everyday had gone to work as a daily wage earner and my elder brother Amandeep Singh had gone to work at Mahadev Sweets in Tohana city as a daily wage worker. At around 11 o'clock in the morning, my neighbour Balwinder Singh alias Deepa, son of Ramphal Singh, a resident of Salemgarh came to our house through the adjoining roof. I was present in the room of my house when Balwinder Singh alias Deepa suddenly came into my room and locked the door, who raped me against my will and threatened me that if I tell this to anyone, he will harm me
KAVITA NAIN 2025.03.04 16:49 I attest to the accuracy and integrity of this document order/judgment
CRM-M-8057-2025(O&M)
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and my family. I did not tell anyone about this from that day. But today I narrated the entire conversation to my mother about the said incident. Today, I along with my mother Pinki Devi and father Baljit Singh were coming to the police station to inform about the said incident,you along with police party met at T point Tohana Barrier Moonak. I have got my statement recorded, heard it and is correct. Correct/- Ramandeep Kaur said, confirmed statement correct/- Pinky Devi wife of Baljit Singh resident of Salemgarh, verified correct /- Amandeep Kaur ASI Moonak Police Station Date 27/06/2024xxxxxxxx ”
KAVITA NAIN 2025.03.04 16:49 I attest to the accuracy and integrity of this document order/judgment
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CRM-M-8057-2025(O&M)
28.06.2024. The material witnesses, including the complainant/victim and her parents, have turned hostile. The final report under Section 173 Cr.P.C. was presented before the concerned Court and trial of the case has not made much progress as out of 16 prosecution witnesses, only five have been examined so far. Therefore, the trial in the present case will not conclude anytime soon. The culpability, if any, would be determined at the time of trial. No useful purpose shall be served by further detention of the accused/petitioner. Keeping the petitioner in further detention without the prospect of the trial being concluded in the near future, would be violate of his rights under Article 21 of the Constitution of India including the right to speedy trial, and is against the principle “Bail is a rule, jail is an exception” as elucidated in the judgment of Apex Court in “Dataram Singh vs. State of Uttar Pradesh and another”, (2018) 3 SCC 22.
KAVITA NAIN 2025.03.04 16:49 I attest to the accuracy and integrity of this document order/judgment
CRM-M-8057-2025(O&M)
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the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Pending application(s), if any, also stands disposed of
accordingly.
(KIRTI SINGH) JUDGE
04.03.2025
Kavita
Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No
KAVITA NAIN 2025.03.04 16:49 I attest to the accuracy and integrity of this document order/judgment
2 issues framed by the court
Whether the petitioner is entitled to regular bail in a POCSO case given hostile witnesses and delayed trial.
Whether continued detention of the petitioner violates the right to speedy trial under Article 21.
Colour shows how this judgement treated each authority
Dataram Singh vs. State of Uttar Pradesh and anotherApplied¶27
Dataram Singh vs. State of Uttar Pradesh and another, (2018) 3 SCC 22. · Who else cites this
2 provisions across 2 enactments
Balwinder Singh @ Deepa
State of Punjab
Kirti Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
