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Paramjit Singh vs State Of Punjab on 20 August, 2018

CRM-M-26992-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

CRM-M-26992-2018
Date of decision:-20.8.2018

Paramjit Singh @ Pamma
…Petitioner

Versus

State of Punjab
…Respondent

CORAM: HON’BLE MR.JUSTICE H.S. MADAAN

Present: Mr. Sandeep Kumar Bokolia, Advocate
for the petitioner.

Mr.Rakeshinder Singh Sidhu, AAG, Punjab.

****
H.S. MADAAN, J. (Oral)

This petition has been filed for the grant of regular bail to the

petitioner – Paramjit Singh @ Pamma, an accused in FIR No.121 dated

21.6.2017, under Sections 376/342/120-B IPC(Section 365 IPC was added

later on), registered at Police Station Dharamkot, District Moga.

Briefly stated, the facts of the case as per prosecution version

are that complainant (name not being mentioned to conceal her identity

and referred to as ‘the victim’), aged about 24 years, resident of Chak Tare

Wala having studied up to 5th class had been involved in a love affair with

Balwinder Singh @ Dara son of Surjit Singh, resident of Gatti Jattan for

about 3-4 years; that they had filed a petition in this Court seeking

protection of their lives and liberty; that on 18.6.2017 at about 8:00 p.m.

when the victim had gone to bring water from hand pump installed near

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her house, then a car was brought to halt near her; that Balwinder Singh

@ Dara came out of the car and he caught hold of the complainant from

her arm and made her sit on the back seat of the car forcibly; that the car

was then driven away; that Dilbagh Singh son of Surjit Singh, brother of

Balwinder Singh and Paramjit Singh @ Pamma (present petitioner) were

already sitting there; that Paramjit Singh @ Pamma was driving the car;

that the car was taken to bank of river, where the victim and Balwinder

Singh @ Dara were dropped and car was driven away; that on the next

day at about 4:00 p.m., Balwinder Singh @ Dara took the complainant to

a room and committed rape on her; that at about 8:00 p.m. Paramjit Singh

@ Pamma and Dilbagh Singh came to school premises in a car and picked

up the complainant and Balwinder Singh @ Dara, then the complainant

was dropped on the road about one kilometer behind the village; that the

victim went home and disclosed the entire things to her parents; that it

was raining heavily; that the mother of the complainant took her to Civil

Hospital, Moga since the victim was suffering from severe pain. In her

statement to the police, the complainant victim stated that Balwinder

Singh @ Dara had raped her giving her allurement of marriage and in that

conspiracy his brother Dilbagh Singh and Paramjit Singh @ Pamma had

participated. After registration of the FIR, the investigation in this case

started. The petitioner/accused was arrested in this case on 16.1.2018. He

had moved an application for regular bail but the same was declined by

Additional Sessions Judge, Moga vide order dated 15.5.2018, as such, he

has approached this Court with same request.

Notice of the petition was given to respondent – State and

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counsel representing the State had put in appearance.

I have given a thoughtful consideration to the rival

contentions besides going through the record.

During the course of trial, statement of the

prosecutrix/complainant was recorded, copy of which has been placed on

record. The main thrust of allegations is against Balwinder Singh @ Dara,

who is said to have kidnapped the complainant/victim and then committed

rape upon her giving her allurement of marriage. The petitioner is said to

be part of conspiracy by driving the car at the time of alleged kidnapping

of the victim and thereafter from school premises when rape had alleged

been committed upon the prosecutrix by Balwinder Singh @ Dara there.

Learned counsel for the petitioner has submitted that during

the trial, the victim has not supported the case of prosecution, rather she

stated that she knows accused Balwinder Singh @ Dara but does not

know Paramjit Singh @ Pamma; that she along with Balwinder Singh @

Dara had filed a writ petition seeking protection in this case. She

categorically stated that on 18.6.2017, the accused had not kidnapped her

and had not committed rape upon her. She was declared a hostile witness

at the instance of Public Prosecutor and Public Prosecutor was allowed to

put questions to her in the form of cross-examination. However, she did

not toe the line of prosecution in her cross-examination. The star witness

for the prosecution having let it down and now the trial is pending for

recording statements of other prosecution witnesses, the depositions of

which are of corroborative nature only.

Under the circumstances, I find it proper and appropriate if

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concession of regular bail is granted to the petitioner.

Accordingly, the petition is allowed. The petitioner be

admitted to bail during the pendency of the trial, subject to his furnishing

bail bonds and surety bonds to the satisfaction of the trial Court/Chief

Judicial Magistrate, Moga, subject to the following conditions:

(i) that he shall appear in the Court on each and every date

of hearing;

(ii)that he shall not give any threat or intimidation to the

prosecution witnesses; and

(iii)that shall not leave India without prior permission of

the Court.

In addition to that the trial Court may impose any term and

condition found suitable to ensure that the petitioner does not abscond and

interfere in the trial.

In case the petitioner violates any term and condition on

which the bail has been granted to him, the prosecution would be entitled

to apply for cancellation of bail.

This petition stands allowed accordingly.

20.8.2018 (H.S. MADAAN)
Brij JUDGE

Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

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