IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-10068 of 2009
Date of decision : July 14, 2009
Sukhdev Singh alias Laddi
....Petitioner
versus
State of Punjab
....Respondent
Coram: Hon'ble Mr. Justice L.N. Mittal
Present : Mr. Vipin Mahajan, Advocate, for the petitioner
Mr. Gaurav Garg Dhuriwala, AAG Punjab
L.N. Mittal, J. (Oral)
Sukhdev Singh alias Laddi has filed this petition for bail in
case FIR No.51 dated 29.4.2006 under sections 363, 366, 376, 343, 506,
120-B IPC, Police Station Sri Hargobindpur, Police District Batala, District
Gurdaspur.
I have heard learned counsel for the parties and perused the
case file.
According to the prosecution version, the prosecutrix is aged 16
years. She went to see her mother in jail in March, 2006. From outside the
jail, she was taken by her neighbour Kulwinder Singh and was raped. On
18.4.2006 also, the prosecutrix went to Central Jail, Gurdaspur to see her
mother where the present petitioner Sukhdev Singh alias Laddi met her as
petitioner’s parental uncle was also lodged in jail. The petitioner expressed
Criminal Misc. No. M-10068 of 2009 -2-
his desire to marry the prosecutrix. On 19.4.2006, the petitioner called
prosecutrix to come outside her village and then took her on motorcycle to
Pathankot to his house. The petitioner raped her for three days on false
promise of marriage. Thereafter she was sent in bus. However, instead of
going home on account of fear of her father, she went to one Bimla Rani,
where, on 26.4.2006, Kulwant Singh alias Bittu raped her.
Learned counsel for the petitioner contends that the petitioner is
in custody since 24.5.2006 i.e. for the last more than three years. It is also
stated that the petitioner’s both co-accused Kulwinder Singh and Kulwant
Singh have since been released on bail. The prosecutrix has already been
examined. The prosecutrix was aged 16 years at the time of occurrence.
The aforesaid factual position is not controverted by learned
State counsel after seeking instructions from ASI Daljit Singh.
Keeping in view all the circumstances but without meaning to
express any opinion on the merits, the instant bail petition is allowed. Bail
to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate,
Gurdaspur.
( L.N. Mittal )
July 14, 2009 Judge
'dalbir'