High Court Punjab-Haryana High Court

Sukhdev Singh Alias Laddi vs State Of Punjab on 14 July, 2009

Punjab-Haryana High Court
Sukhdev Singh Alias Laddi vs State Of Punjab on 14 July, 2009
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'