IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-8967 of 2009 (O&M)
Date of decision: 6.7.2009
Mewa Singh
.. Petitioner
v.
State of Haryana
.. Respondent
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. Salil Bali, Advocate for the petitioner.
Ms. Ritu Punj, Deputy Advocate General, Haryana.
..
Rajesh Bindal J.
Learned counsel for the petitioner submits that the petitioner has
been falsely implicated in this case. Though the complainant stated that she was
raped by the petitioner, but the medical evidence is not supporting her stand. There
is a delay of 3 days in lodging the FIR. Statements of the prosecutrix as well as her
mother have already been recorded. There is no chance of tampering with the
witnesses, as only formal witnesses remain to be examined. The petitioner is in
custody since 6.11.2008.
Learned counsel for the State submits that it is a case where the FIR
was registered on the statement of the prosecutrix. The delay in lodging the FIR in
such cases is not fatal. Even sole statement of the prosecutrix may be enough to
convict the petitioner.
After hearing learned counsel for the parties and considering the
aforesaid material, as has been referred to above, and without recording any
definite finding on the stand taken by the respective parties, it is directed that
pending trial the petitioner shall be released on bail on furnishing of bail bonds to
the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Bhiwani.
The petition is disposed of.
(Rajesh Bindal)
Judge
6.7.2009
mk