CRM-M No.9615 of 2017 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
CRM-M No. 9615 of 2017(OM)
Date of decision: 28.3.2017
Satnam Singh ….Petitioner
State of Punjab …..Respondent
CORAM: HON’BLE MRS. JUSTICE REKHA MITTAL
Present: Mr. Bikramjit Aurora, Advocate for the petitioner.
Mr. Ankur Jain, AAG, Punjab.
REKHA MITTAL, J.
The petitioner prays for grant of regular bail in FIR No.116
dated 18.08.2015 registered with Police Station Gharinda, District
Amritsar Rural for offence punishable under Sections 406, 498-A, 376,
506, 120-B read with Section 34 of the Indian Penal Code, 1860 (in short
Counsel for the petitioner has submitted that the petitioner is
elder brother of Pargat Singh with whom the complainant Sehajpreet Kaur
performed marriage on 21.01.2014. Pargat Singh is residing in a foreign
country for the past more than 14 years and after a short stay in India for
the purpose of marriage, he went back to resume his work. The petitioner
has a family comprising his wife and two minor children and he has been
residing separately before marriage of Pargat Singh with Sehajpreet Kaur.
It is argued with vehemence that as the complainant was found having
illicit relations with a boy of her village and Gurpreet Singh, son of her
sister-in-law and an objection in this regard was raised by the family,
complainant raised false allegations against her father-in-law qua offence
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CRM-M No.9615 of 2017 (OM) 2
under Section 354 IPC and attribution of sexual assault/rape against the
petitioner. In the alternative, it is argued that if the complainant was being
taken to Delhi by the petitioner against her wish, there was no reason for
her to keep silence when they allegedly travelled together from Amritsar to
Delhi in May 2015 via train. In addition, it is argued that the FIR has been
lodged almost after three months of the alleged occurrence, sufficient to
create doubt in the story propounded by the complainant. The last
submission made by counsel is that the petitioner is in custody since
01.04.2016 and conclusion of trial is likely to take its own time.
Counsel for the State has opposed prayer for bail with the
submission that there are grave and serious allegations against the
petitioner committing rape upon the complainant. The victim later
committed suicide and another FIR has been registered against the
petitioner and others for offence under Section 304-B IPC.
In response, counsel has submitted that the petitioner has
already been released on bail with regard to offence under Section 304-B
The present FIR has been lodged by the complainant against
several members of her in-laws’ family when she has attributed serious
allegations against the petitioner for committing rape. There is no
explanation in the FIR for delay of about three months in lodging the FIR.
The petitioner is in custody for the last about one year. Conclusion of the
trial is likely to take some more time. The victim of the crime is no more
available for recording her statement, therefore, there is no possibility of
the petitioner tampering with her evidence in case released on bail.
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CRM-M No.9615 of 2017 (OM) 3
Without meaning to express any opinion on merits of the case,
the present petition stands disposed of with a direction that the petitioner
shall be released on bail subject to satisfaction of the trial Court in case
prosecution fails to conclude the evidence within a period of three months
from the next date fixed in the proceedings before the trial Court.
However, the petitioner shall not be entitled to benefit of bail in case delay
in conclusion of prosecution evidence would be attributable to the
petitioner himself. In case, the petitioner is released on bail, he shall abide
by the following conditions:
(i) he shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with facts of the
case so as to dissuade him/her from disclosing such facts to
(ii) he shall not leave India without previous permission of the
MARCH 28, 2017 (REKHA MITTAL)
‘D. Gulati’ JUDGE
Whether speaking/reasoned : yes/no
Whether reportable : yes/no
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