IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Date of decision:-20.8.2018
Paramjit Singh @ Pamma
State of Punjab
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
(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
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)
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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