Back
2021 Supreme(P&H) 710
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sudip Ahluwalia, J.
Ranjit Singh @ Goldy - Appellant
Versus
State Of Punjab - Respondent
CRM-M-30864-2020 (O&M)
Decided On : 27-01-2021
Mr. Vinod Kumar Kaushal, Advocate, for the petitioner; Mr. B.S. Sewak, Addl. A.G., Punjab, for the respondent-State; Mr. Ashish Aggarwal, Advocate, for the complainant.
The decision for granting regular bail was influenced by the long detention undergone by the petitioner, the recorded deposition of material witnesses, and the lack of evidence of injury in the medical legal report of the Prosecutrix.
Headnote:
Regular Bail - Section 439 Cr.P.C. - Summary: The court allowed the petitioner's prayer for regular bail after considering the long detention undergone by the petitioner and the fact that the deposition of material witnesses, including the Prosecutrix, had already been recorded. The court also took into account the medical legal report (MLR) of the Prosecutrix, which indicated no evidence of injury, and the Chemical Examiner's Report, which was not helpful to the prosecution case.
Fact of the Case:
The petitioner filed a petition for regular bail under Section 439 Cr.P.C. in a case involving offences under Sections 376, 506 & 34 of the IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012.
Finding of the Court:
The court allowed the petitioner's prayer for regular bail, considering the long detention undergone by the petitioner, the recorded deposition of material witnesses, and the lack of evidence of injury in the medical legal report of the Prosecutrix.
Issues: Regular bail petition under Section 439 Cr.P.C. in a case involving serious offences.
Ratio Decidendi: The decision for granting regular bail was influenced by the long detention undergone by the petitioner, the recorded deposition of material witnesses, and the lack of evidence of injury in the medical legal report of the Prosecutrix.
Final Decision: The petitioner's prayer for regular bail was allowed, and he was ordered to be released on regular bail subject to appropriate terms and conditions to the satisfaction of the Ld. Trial Court/Duty Magistrate, concerned.
JUDGMENT
Sudip Ahluwalia, J. (Oral) -
CRM-29685-2020
Applicant-petitioner is permitted to place on record a copy of the MLR of the victim (Annexure P-6), subject to all just exceptions.
Application stands disposed off. CRM-M-30864-2020
This is a petition for regular bail filed on behalf of the petitioner under Section 439 Cr.P.C. in case FIR No.175 dated 17.11.2019, under Sections 376, 506 & 34 of the IPC (offences under Sections 363, 366-A, 120-B & 109 of the IPC was added later on) and Section 4 of the Protection of Children from Sexual Offences Act, 2012, registered at Police Station Kamboj, District Amritsar Rural, Amritsar.
2. Seen custody certificate of the petitioner sent up by Ld. State counsel through e-mail, from which, it transpires that by now he has already remained in the detention for 1 year, 2 months and 8 days.
3. In the meantime, evidence of the material witness the Prosecutrix (PW-1) and one S. Kaur (PW-2) have already been recorded, which had been seen by this Court on the previous date (17.11.2020).
4. Now, the MLR of the Prosecutrix is taken up for consideration which has already been taken on record today itself, in terms of previous order, would be crucial to pass an appropriate order on the bail petition.
5. It is specifically noted in the said MLR that there is "no evidence of any injury anywhere on the body, breast well developed. Axillary and Pubic Hair present. No Injury anywhere on external genitalia". Subsequently, the Chemical Examiner's Report dated 24.01.2020 is also not helpful to the prosecution case.
6. In these circumstances, without commenting any further on the merits of the present case as a whole, but in view of the long detention undergone by the petitioner as also the fact that the deposition of the material witnesses including the Prosecutrix have already been recorded, on account of which, there is no possibility of their being subjected to any kind of threat or pressure, at this stage, the prayer of the petitioner for regular bail is allowed and he is ordered to be released on regular bail subject to appropriate terms and conditions to the satisfaction of the Ld. Trial Court/Duty Magistrate, concerned.
7. Disposed off.
