Mahinder Kaur vs State of Punjab

Rajan Gupta, J.

Misc. No. 25646 of 2011:

This is an application for placing on record certified copy of Annexure P-5.

Application is allowed as prayed for. Certified copy of Annexure P-5 is taken on record.

Crl. Misc. No. M-165 of 2011:

This is a petition u/s 439 Code of Criminal Procedure seeking regular bail in a case registered against the Petitioner under Sections 363, 366, 376, 366-B, 34 IPC vide FIR No. 51 dated 23.10.2010 at police station Sandaur, District Sangrur.

Learned Counsel for the Petitioner contends that co-accused Avtar Singh @ Tari was declared innocent by the investigating agency. He submits that charge has been framed against the Petitioner and Shehnaz u/s 366 IPC. He further submits that the Petitioner is in custody since 26.10.2010, two prosecution witnesses have been examined and thus, no useful purpose would be served by detaining the Petitioner any longer.

Learned State counsel has opposed the prayer for bail on the ground that allegations against the Petitioner are serious. He, however, does not dispute the fact that trial of the case is in progress and prosecution evidence is being recorded.

I have heard learned Counsel for the parties.

Keeping in view the fact that Petitioner is in custody since 26.10.2010 and trial of the case may still take some time to conclude, I am of the view that no useful purpose would be served by detaining the Petitioner any longer. Without expressing any opinion on the merits of the case, I deem it appropriate to grant regular bail to the Petitioner.

Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Sangrur.

Disposed of.