Judgment:
Criminal Misc.
No.M-14426 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.
No.M-14426 of 2014 Date of Decision: July 04, 2014 Jhirmal Singh .......Petitioner Versus State of Punjab .......Respondent CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA Present: Present Mr.Anil Chawla, Advocate for the petitioner.
Mr.PS Grewal, Deputy Advocate General, Punjab.
<><><> TEJINDER SINGH DHINDSA, J.
This order shall dispose of the present petition filed under Section 439 of the Code of Criminal Procedure seeking the benefit of regular bail to the petitioner in case FIR No.106 dated 22.12.2013, under Sections 363/366-A,120-B of the Indian Penal Code, registered at Police Station Sadar Khaira, District Tarn Taran.
Learned counsel for the parties have been heard.
FIR in question was recorded on the statement of Gurnam Singh who alleged that his daughter, namely, Sukhwinder Kaur has been kidnapped by Harpreet Singh @ Happy in connivance with his father Sukhdev Singh @ Bhalla as also his mother Harjinder Kaur and brother i.e.the present petitioner.
During the couRs.of arguments, certain facts that had Malik Sushama Rani 2014.07.07 17:24 I attest to the accuracy and integrity of this document Criminal Misc.
No.M-14426 of 2014 2 emerged out are that Sukhwinder Kaur and Harpreet Singh are staying together and, in fact, even approached this Court by way of filing Crl.Misc.No.M-2186 of 2014 praying for issuance of directions to the official respondents to protect their life and liberty as they faced an apprehension from the close relatives of Sukhwinder Kaur on account of having performed marriage against the wishes of their parents.
Be that as it may, the allegations of kidnapping are against Harpreet Singh @ Happy.
The present petitioner has been sought to be implicated only with the aid of Section 120-B of the Indian Penal Code.
The issue as to whether such offence is made out against the petitioner would be a moot point to be taken up during the couRs.of trial.
The petitioner has been in custody since 26.12.2013.
In the totality of circumstances noticed hereinabove and keeping in view the length of incarceration already suffered by the petitioner, this Court is of the considered view that the petitioner is entitled to the benefit of regular bail.
Petition is allowed.
Bail to the satisfaction of trial Court.
Disposed of.
( TEJINDER SINGH DHINDSA ) July 04, 2014 JUDGE Sr.Malik Sushama Rani 2014.07.07 17:24 I attest to the accuracy and integrity of this document