Criminal Misc. No. M-20361 of 2009 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Criminal Misc. No. M-20361 of 2009
Date of decision: September 03, 2009
Jagdeep Singh @ Raja -Petitioner
Versus
State of Punjab -Respondent
Coram Hon'ble Mr. Justice Rajan Gupta
Present: Mr. BS Bhalla, Advocate, for the petitioner.
Mr. Shilesh Gupta, DAG, Punjab.
Rajan Gupta, J.(Oral)
This is a petition for grant of bail in a case registered against
the petitioner under Sections 452,354,376,511 IPC at police station
Sidhwan Bet, Ludhiana vide FIR No. 161 dated 4.11.2008.
Mr. Bhalla submits that the petitioner was granted bail for
offences under Sections 452 & 354 IPC. However, on a supplementary
statement recorded by the police later, Sections 376 & 511 IPC were added,
due to which bail bonds furnished by the petitioner were not accepted. Mr.
Bhalla further submits that in the supplementary statement the only
allegation levelled by the prosecutrix is that the petitioner made an attempt
to commit rape upon her. Learned counsel has emphasized that in the
supplementary statement the prosecutrix has improved her version.
Learned State counsel (on the instructions from SI Gurcharn
Singh, who is present in Court) submits that the allegations against the
petitioner are serious in nature and thus he does not deserve the concession
of bail. He, however, admits that the statement of the prosecutrix has been
Criminal Misc. No. M-20361 of 2009 2
recorded by the trial court.
Without expressing any opinion on merits of the case at this
stage, however, keeping in view the period of incarceration already
undergone by the petitioner as also the fact that the trial may take a
considerable time to conclude, the instant petition is allowed and the
petitioner is directed to be enlarged on bail to the satisfaction of Chief
Judicial Magistrate, Ludhiana.
[Rajan Gupta]
Judge
September 03, 2009.
‘ask’