Present: Mr.S.S.Narula Advocate Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1137388
CourtPunjab and Haryana High Court
Decided OnApr-11-2014
AppellantPresent: Mr.S.S.Narula Advocate
RespondentState of Punjab
Excerpt:
crm no.m-170 of 2014 1 in the high court of punjab and haryana at chandigarh crm no.m-170 of 2014 date of decision:11.04.2014 lakhwinder singh .....petitioner versus state of punjab .....respondent coram: hon'ble mr. justice mehinder singh sullar. present: mr.s.s.narula, advocate, for the petitioner. mr.deepak garg, assistant advocate general, punjab, for the respondent-state. **** mehinder singh sullar , j.(oral) petitioner-lakhwinder singh son of pawinder singh, has directed the instant petition for the grant of regular bail, invoking the provisions of section 439 cr.p.c., in a case registered against him along with his parents, sisters and brother-in-laws, vide fir no.116 dated 24.07.2013, for the commission of offences punishable under sections 312, 313, 120-b ipc and section 5 of the medical termination of pregnancy act, 1971, by the police of police station city, moga.2. notice of the petition was issued to the state.3. after hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the present petition for regular bail deserves to be accepted in this context.4. concisely, the prosecution claimed that, complainant-nirmal rani seema 2014.04.11 18:00 i attest to the accuracy and integrity of this document high court chandigarh crm no.m-170 of 2014 2 kaur, wife of the petitioner, was pregnant and bearing a female child. the petitioner and his other co-accused forcibly got terminated her pregnancy. no specific role is attributed to the present petitioner. moreover, the petitioner was arrested on 24.07.2013. since then he is in judicial custody and no useful purpose would be served in further detaining him in jail. there is no history of his previous involvement in any other criminal case. the conclusion of trial will naturally take a long time.5. above all, it is not a matter of dispute that, all the other co- accused, except the petitioner and his father pawinder singh, were granted the concession of regular bail by the trial court, whereas pawinder singh, similarly situated co-accused and father of the petitioner, was granted regular bail by a coordinate bench of this court (ritu bahri, j.), by way of order dated 27.11.2013, rendered in crm no.m-38969 of 2013. in that eventuality, i see no reason not to extend the same benefit of regular bail to the present petitioner under the similar set of circumstances.6. in the light of aforesaid reasons and taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above, the instant petition for regular bail is hereby accepted. the petitioner is ordered to be released on regular bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of the trial court. april 11, 2014 (mehinder singh sullar) seema judge rani seema 2014.04.11 18:00 i attest to the accuracy and integrity of this document high court chandigarh
Judgment:

CRM No.M-170 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-170 of 2014 Date of Decision:11.04.2014 Lakhwinder Singh .....Petitioner Versus State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR. Present: Mr.S.S.Narula, Advocate, for the petitioner. Mr.Deepak Garg, Assistant Advocate General, Punjab, for the respondent-State. **** MEHINDER SINGH SULLAR , J.(oral) Petitioner-Lakhwinder Singh son of Pawinder Singh, has directed the instant petition for the grant of regular bail, invoking the provisions of Section 439 Cr.P.C., in a case registered against him along with his parents, sisters and brother-in-laws, vide FIR No.116 dated 24.07.2013, for the commission of offences punishable under Sections 312, 313, 120-B IPC and Section 5 of The Medical Termination of Pregnancy Act, 1971, by the police of Police Station City, Moga.

2. Notice of the petition was issued to the State.

3. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the present petition for regular bail deserves to be accepted in this context.

4. Concisely, the prosecution claimed that, complainant-Nirmal Rani Seema 2014.04.11 18:00 I attest to the accuracy and integrity of this document High Court Chandigarh CRM No.M-170 of 2014 2 Kaur, wife of the petitioner, was pregnant and bearing a female child. The petitioner and his other co-accused forcibly got terminated her pregnancy. No specific role is attributed to the present petitioner. Moreover, the petitioner was arrested on 24.07.2013. Since then he is in judicial custody and no useful purpose would be served in further detaining him in jail. There is no history of his previous involvement in any other criminal case. The conclusion of trial will naturally take a long time.

5. Above all, it is not a matter of dispute that, all the other co- accused, except the petitioner and his father Pawinder Singh, were granted the concession of regular bail by the trial Court, whereas Pawinder Singh, similarly situated co-accused and father of the petitioner, was granted regular bail by a Coordinate Bench of this Court (Ritu Bahri, J.), by way of order dated 27.11.2013, rendered in CRM No.M-38969 of 2013. In that eventuality, I see no reason not to extend the same benefit of regular bail to the present petitioner under the similar set of circumstances.

6. In the light of aforesaid reasons and taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above, the instant petition for regular bail is hereby accepted. The petitioner is ordered to be released on regular bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of the trial Court. April 11, 2014 (MEHINDER SINGH SULLAR) seema JUDGE Rani Seema 2014.04.11 18:00 I attest to the accuracy and integrity of this document High Court Chandigarh