In the High Court of Punjab & Haryana at Chandigarh
CRM No. M-17899 of 2009 (O&M)
Jora Singh ..... Petitioner
vs
State of Punjab ..... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. JS Brar, Advocate, for the petitioner.
Mr. Mehardeep Singh, Deputy Advocate General, Punjab.
Mr. Bharpur Singh Thind, Advocate, for mother of the deceased.
Rajesh Bindal J.
The petitioner is an accused in FIR No. 323 dated 2.11.2008,
registered at Police Station Baghapurana, District Moga, under Sections 306, 511,
376 IPC.
Learned counsel for the petitioner pointed out that in the post mortem
report it was found that hymen of the deceased was intact so was stated by the
doctor when he appeared in the court. If that statement is considered, the
allegations of rape against the petitioner cannot be made out. The petitioner is 75
years of age who is in custody for the last 11 months. As the trial is going to take
time, the petitioner be directed to be released on bail.
On the other hand, learned counsels for the respondents submitted
that the deceased had committed suicide on account of sexual harassment by the
petitioner as is evident from her own statement which was recorded on 2.11.2008
and also the diary which was recovered during investigation. The handwriting in
the diary was got examined from Forensic Science Laboratory and the same is
found written in her hand. Once the instigation to commit suicide is there, the
petitioner is guilty of offence and does not deserve the concession of bail.
After hearing the learned counsel for the parties and without opining
on the merits of the controversy but considering the fact that the petitioner is 75
years of age and he is in custody for the last more than 11 months, I deem it
appropriate to release him on bail pending trial. Accordingly, it is directed that the
petitioner shall be released on bail pending trial on his furnishing bail bonds to the
satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Moga.
The petition stands disposed of.
6.10.2009 ( Rajesh Bindal) vs. Judge