Judgment:
CRM M-19066 of 2014 [1].IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CRM M-19066 of 2014 Date of Decision: May 29, 2014 Shenbaz and another …..Petitioners versus State of Punjab …..Respondent CORAM: HON’BLE Mr.JUSTICE M.M.S.BEDI.
-.- Present:- Mr.C.S.Rana, Advocate for the petitioneRs.-.- M.M.S.BEDI, J.
(ORAL) Petitioners have been summoned as additional accused in a case of rape of prosecutrix PW4 on the basis of the statement made by her in the Court.
Counsel for the petitioners has submitted that the name of the petitioners was mentioned in column No.2 at the time of presentation of challan as such they may be granted the concession of pre-arrest bail on appearance before the Court.
I have considered the facts and circumstances of this case and gone through the statement of PW4 made in the Court.
It is pertinent to Gupta Sanjay 2014.05.30 11:18 I attest to the accuracy and integrity of this document High Court Chandigarh CRM M-19066 of 2014 [2].observe here that the reasons for keeping the name of the petitioners in column No.2 at the time of presentation of challan was not that they were found innocent but on account of the fact that they having evaded their arrest and having not been arrested by the time the challan was presented, therefore, their names figured in column No.2 in report under Section 173 (2) Cr.P.C.As the petitioners have been specifically named to have committed the act of rape, no extraordinary exceptional circumstances exist to grant the concession of pre-arrest bail to the petitioneRs.Dismissed.
Nothing mentioned in this order will prejudice the rights of the petitioners to seek the concession of regular bail by surrendering before the trial Court.
May 29, 2014 (M.M.S.BEDI) sanjay JUDGE Gupta Sanjay 2014.05.30 11:18 I attest to the accuracy and integrity of this document High Court Chandigarh