Satnam Singh vs State of Punjab

Mehinder Singh Sullar, J.—Petitioner Satnam Singh son of Ajit Singh, has applied for grant of regular bail in a case registered against him, by virtue of FIR No. 131 dated 3.8.2010 (Annexure P1) on accusation of having committed the offences punishable under Sections 363, 366A and 376 IPC by the police of Police Station Sadar Guru Har Sahai, Distt. Ferozepur, invoking the provisions of Section 439 Cr.PC.

Notice of the petition was issued to the State.

After hearing the learned Counsel for the parties, going through the record with their valuable assistance and after deep consideration over the entire matter, to my mind, the present petition deserves to be accepted in this behalf.

What is not disputed here is that complainant Mohan Lal, father of the prosecutrix, lodged the FIR against the Petitioner on the basis of suspicion. The statement (Annexure P4) of prosecutrix was recorded u/s 164 Cr.PC, which is to the following manner:

Stated that I am aged 181/2 years. I had gone with accused Satnam Singh about 3 months ago with my sweet will. Till now we have been living at Amritsar and now I want to live with him. I do not want to go with my father.

In this view of the matter, whether the provisions of offences, for which, the Petitioner have been charged, are attracted or not, would be the moot point to be decided during the course of trial by the trial Court. The Petitioner was arrested on 4.8.2010 and since then he is in judicial custody. No useful purpose would be served to further detain him in jail. As only the statement of the complainant has been recorded, therefore, conclusion of trial will naturally take long time. There is no history of previous involvement of the Petitioner in any such case.

Therefore, taking into consideration the totality of the facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial, to me, the present Petitioner is entitled to regular bail in the obtaining circumstances of the instant case.

In the light of the aforesaid reasons, the petition for regular bail is allowed and the Petitioner is directed to be released on bail on his furnishing adequate bail and surety bonds to the satisfaction of Area Magistrate, Ferozepur.

Needless to mention here that nothing observed, here-in-above, would reflect, in any manner, on merits of the main case, as the same has been so recorded for a limited purpose of deciding the present petition.