High CourtsSingle Bench

Mandeep Singh @ Semi vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 9 October 2018 · Citation: (2018) 10 P&H CK 0096

HON’BLE JUDGES
H.S.Madaan, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 174A, 363, 366A, 376 · Protection of Children from Sexual Offences Act, 2012 — Section 3, 4 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 22
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous (M) No.36503 of 2018
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Judgment

19 paragraphs · 419 words

This petition for regular bail has been filed by Mandeep Singh @ Semi â€" an accused in FIR No.51 dated 12.5.2014, under Sections 363, 366-A, 376,

34 IPC and Section 4 of POCSO Act, 2012, registered at Police Station Verowal, District Tarn Taran.

Briefly stated, the facts of the case, as per prosecution story are that the FIR in question was registered against petitioner - Mandeep Singh @ Semi

besides Kuldeep Singh alias Hansa, Harjit Singh, Mandeep Kaur, all residents of village Fatehpur Badeshan, District Tarn Taran as well as Sabbi

Singh son of Kulwant Singh. The petitioner Mandeep Singh @ Semi could not be arrested and was declared a proclaimed offender vide order dated

30.4.2015. His co-accused Mandeep Harjit Singh, Mandeep Kaur, Kanwaljit Singh and Sandeep Singh @ Hansa were tried by Additional Sessions

Judge, Tarn Taran, however, the trial resulted in acquittal of Mandeep Kaur, Kanwaljit Singh and Kuldeep Singh alias Hansa whereas main accused

Harjit Singh was convicted vide judgment dated 9.3.2017 for the offence under Section 363 IPC. The petitioner was arrested in this case on 8.5.2018

after 3 years and 11 months from the date of registration of the FIR. He had filed an application for regular bail in the Court of Sessions, which was

declined by Additional Sessions Judge, Tarn Taran vide order dated 10.7.2018, as such, he has approached this Court with the same request.

Notice of the petition was given to respondent â€" State and counsel representing the State has put in appearance.

I have heard learned counsel for the parties besides going through the record.

The very fact that after registration of the FIR, the petitioner was on run and he could be arrested after 3 years and 11 months from the date of

registration of the FIR after he had been declared as a proclaimed offender, goes to show that there is every possibility of his absconding and delaying

the trial, if granted bail again. Furthermore, he is shown to be involved in two other criminal cases i.e. in FIR No.51 dated 5.7.2018, under Section 174-

A IPC, PS Verowal, Tarn Taran and FIR No.112 dated 23.5.2014, under Section 22 of NDPS Act, PS Beas, meaning thereby that he has got a

criminal past. The apprehension expressed by the State counsel that if petitioner is granted bail, there is every likelihood to his absconding and even

trying to tamper with the prosecution evidence cannot be brushed aside lightly.

Therefore, finding no merit in the petition, the same stands dismissed.