Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Nanak Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Sumeet Goel, J.
Present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case bearing FIR No.124 dated 09.09.2023 registered for the offences punishable under Sections 363, 365, 366-A, 506 and 120-B of IPC (Section 376 of IPC added later on) at Police Station Subhanpur, District Kapurthala.
2. The case set up in the FIR in question (as set out by the petitioner in the present petition) is as follows:-
"Statement of Shri Jasvir Singh son of Jarnail Singh son of Baaj Singh resident of Village Boot Police Station Subhanpur District Kapurthala aged around 45 years, Mobile no. 89683-44782, made a statement that I am resident of above said address and at present I am the official Panch of the Village Boot. I have four children, the eldest boy is Rajwinder Singh, younger to him is girl Harpreet Kaur and younger to her is girl Manpreet Kaur and the youngest boy is Rajinder Singh. In our neighbourhood Piara Singh son of Baghiar Singh lives in his own residence along with his family and relatives. The house next to them belongs to my sister-in-law wife of Udham Singh and they are relative with each other. Yesterday on dated 08.09.2023 th
The court established that serious allegations do not automatically preclude bail if there is no evidence of risk to the trial process.
The court established that instigation under Section 306 IPC requires clear evidence of intent to push the victim to suicide, which was lacking in this case.
The court granted bail to the petitioner, finding insufficient evidence for abduction charges, emphasizing the victim's status as a major and the nature of their relationship.
The court considered the welfare legislation pertaining to bail for women and the provisions of Section 437 and Section 439 of Cr.P.C in granting bail to the petitioner based on the totality of the f....
The court underscored that in cases of sexual violence, the victim's dignity and safety are paramount, necessitating a cautious approach to bail applications.
Second/successive bail petitions are maintainable if substantial changes in circumstances are demonstrated, and courts must provide clear reasons for granting such petitions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
