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Balwant Singh vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 15 November 2010 · Citation: (2010) 11 P&H CK 0258

HON’BLE JUDGES
Mehinder Singh Sullar, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 439 · Penal Code, 1860 (IPC) — Section 306
CASE NUMBER
CRM No. M-27739 of 2010
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Judgment

7 paragraphs · 344 words

Mehinder Singh Sullar , J.—Invoking the provisions of Section 439 Cr.PC, Petitioner Balwant Singh son of Santa Singh, has instituted the present petition for regular bail in a case registered against him, vide FIR No. 92 dated 9.8.2009, on accusation of having committed the offence punishable u/s 306 IPC, by the police of Police Station Sudhar, District Ludhiana.

2.

Notice of the petition was issued to the State.

3.

Having heard the learned Counsel for the parties, having gone through the record with their valuable help and after bestowal of thoughts over the entire matter, to my mind, the present petition deserves to be accepted in this context.

4.

The prosecution claimed that the marriage of Monika Rani was solemnized with Petitioner Balwant Singh, four years prior to the present occurrence. What is not disputed here is that she had stayed with her father for about two months at village Bassian and the Petitioner brought her only one day prior to the present incident. Under these circumstances, whether the penal provisions of Section 306 IPC are attracted would be the moot point to be decided during the course of trial by the trial Court. Moreover, the Petitioner was arrested on 11.8.2009 and since then he is in judicial custody. No useful purpose would be served to further detain him in jail. The conclusion of trial will naturally take long time. There is no history of previous involvement of the Petitioner in any criminal case.

5.

So, taking into consideration the totality of the facts and circumstances, emanating from the record, as discussed here-in-above, to me, the present Petitioner is entitled to regular bail in the obtaining circumstances of the instant case.

6.

In the light of the aforesaid reasons and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the case, the Petitioner is directed to be released on bail on his furnishing bail and surety bonds to the satisfaction of trial Court.

7.

The instant petition is disposed of accordingly.