Punjab-Haryana High Court
Vijay Singh vs State Of Haryana on 4 December, 2020
Author: Deepak Sibal
Bench: Deepak Sibal
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sr. No. 208 CRM-M-1455-2020 (O&M)
Date of decision : 04.12.2020
Vijay Singh ..... Petitioner
VERSUS
State of Haryana ..... Respondent
CORAM: HON'BLE MR. JUSTICE DEEPAK SIBAL
Present: Mr.Parveen Chauhan, Advocate, for the petitioner.
Mr.Ashok Kumar Sehrawat, DAG, Haryana.
Mr.Shashi Kant Gupta, Advocate, for the complainant.
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DEEPAK SIBAL, J. (ORAL)
Case taken up through video conferencing. The present petition has been filed under Section 439 Cr.P.C. for the grant of regular bail in FIR No.240 dated 21.09.2019, registered under Sections 363/366A IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 at Police Station Sadar Narnaul, district Mahendergarh.
Seeking regular bail for the petitioner learned counsel submits that the petitioner, who is a young boy aged 19/20 years, has been falsely implicated in the present case; he is in custody since 28.09.2019; he is not involved in any other criminal case; the relationship between him and the prosecutrix was consensual and in this regard attention of the Court is drawn to the photographs of the petitioner and the prosecutrix which have been appended with the present petition; the prosecutrix while appearing before the Trial Court as PW-1 has categorically stated that the petitioner has neither enticed her nor committed any rape upon her; for the last about nine months no effective proceedings have taken place in the petitioner's trial and that since in his trial twenty witnesses still remain to be examined it will take a long time to conclude.
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CRM-M-1455-2020 (O&M) [2]
Learned State counsel opposes the grant of bail to the petitioner on the ground that he has abducted and raped the prosecutrix.
The petitioner is a young boy aged 19/20 years with no criminal background; the prosecutrix while appearing as a witness before the Trial Court has categorically denied the allegations of abduction and rape by the petitioner upon her; the petitioner is in custody since 28.09.2019; for the last about nine months no effective proceedings have taken place in his trial for which he cannot be blamed and the trial in which twenty prosecution witnesses still remain to be examined is likely to take a long time to conclude especially in the present circumstances when the world is facing the COVID-19 pandemic.
In view of the above, the present case is considered to be a fit one in which the petitioner be directed to be released on regular bail. Resultantly, subject to the satisfaction of the CJM/Duty Magistrate, Narnaul the petitioner is directed to be released on bail.
It is clarified that the above observations have been made only for the limited purpose of deciding the present regular bail application and the same would not be construed to be an expression of opinion on the merits of the case.
04.12.2020 [ DEEPAK SIBAL ]
shamsher JUDGE
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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209 CRM-M-2946-2020 (O&M)
HARDEEP SINGH @ BITTU VS STATE OF PUNJAB Present: Mr.Kanwaljeet Singh, Advocate, for the petitioner.
Ms.Bhavna Gupta, DAG, Punjab.
. . .
Case taken up through video conferencing. Learned State counsel prays for and is granted time to file the petitioner's custody certificate.
Adjourned to 18.01.2021.
04.12.2020 [DEEPAK SIBAL]
shamsher JUDGE
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210 (2 cases) CRM-M-3785-2020 KULDEEP ALIAS I.G VS STATE OF HARYANA CRM-M-18373-2020 MOHIT @ DOCTOR VS STATE OF HARYANA Present: Mr.A.P.Dhankar, Advocate, for the petitioner in CRM-M-3785-2020.
Mr.Parveen Sharma, Advocate, for the petitioner in CRM-M-18373-2020.
Mr.Ashok Kumar Sehrawat, DAG, Haryana.
. . .
Case taken up through video conferencing. On request of learned State counsel, adjourned to 19.01.2021. Before the adjourned date the State shall file the petitioner(s)' fresh custody certificates.
A photocopy of this order be placed on the file of the other connected case.
04.12.2020 [DEEPAK SIBAL]
shamsher JUDGE
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211 CRM-M-4524-2020
HARVINDER GABA @ HARWINDER GABA @ DEEPAK VS STATE OF PUNJAB Present: Mr.Arjun Veer Sharma, Advocate, for Mr.Naveen Sharma, Advocate, for the petitioner. Ms.Bhavna Gupta, DAG, Punjab.
. . .
Case taken up through video conferencing. On request of learned counsel for the petitioner, adjourned to 19.02.2021.
04.12.2020 [DEEPAK SIBAL]
shamsher JUDGE
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212 CRM-M-9596-2020
RAJESH KUMAR @ KALU VS STATE OF PUNJAB Present: Mr.J.S.Thakur, Advocate, for the petitioner.
Ms.Bhavna Gupta, DAG, Punjab.
. . .
Case taken up through video conferencing. On request of learned counsel for the petitioner, adjourned to 18.01.2021.
04.12.2020 [DEEPAK SIBAL]
shamsher JUDGE
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213 (5 cases) CRM-M-13054-2020 MANJEET KAUR VS STATE OF PUNJAB CRM-M-13356-2020 JARNAIL SINGH VS STATE OF PUNJAB CRM-M-20984-2020 AMAR SINGH @ RINKU VS STATE OF PUNJAB CRM-M-24799-2020 KULDEEP SINGH @ GOPI @ MANI VS STATE OF PUNJAB CRM-M-27788-2020 KRISHNA VS STATE OF PUNJAB Present: None for the petitioner(s) in CRM-M-13054-2020, CRM-M-13356-2020, CRM-M-20984-2020 and CRM-M-27788-2020. Mr.Aminder Singh, Advocate, for the petitioner in CRM-M-24799-2020.
Ms.Bhavna Gupta, DAG, Punjab.
. . .
Case taken up through video conferencing. On request of Mr.Aminder Singh, adjourned to 15.02.2021. A photocopy of this order be placed on the files of the other connected cases.
04.12.2020 [DEEPAK SIBAL]
shamsher JUDGE
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214 CRM-M-15040-2020
MUKHTIAR SINGH VS STATE OF PUNJAB Present: Mr.Parvesh Sachdeva, Advocate, for the petitioner.
Ms.Bhavna Gupta, DAG, Punjab.
. . .
Case taken up through video conferencing. Reply filed on behalf of the State is ordered to be taken on record.
For arguments, adjourned to 16.02.2021.
04.12.2020 [DEEPAK SIBAL]
shamsher JUDGE
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215 (2 cases) CRM-M-19973-2020 SAJAN SINGH VS STATE OF PUNJAB CRM-M-17503-2020 (O&M) GURPREET SINGH @ MANI VS STATE OF PUNJAB Present: Mr.Vipul Jindal, Advocate, for the petitioner(s).
Ms.Bhavna Gupta, DAG, Punjab.
. . .
Case taken up through video conferencing. On request of learned counsel for the petitioner(s), adjourned to 17.12.2020.
A photocopy of this order be placed on the file of the other connected case.
04.12.2020 [DEEPAK SIBAL]
shamsher JUDGE
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216 CRM-M-39353-2020
PARDEEP AND ANR VS STATE OF HARYANA Present: Mr.T.K.Joshi, Advocate, for the petitioners.
Mr.Ashok Kumar Sehrawat, DAG, Haryana.
. . .
Case taken up through video conferencing. On request of learned counsel for the petitioners, adjourned to 07.12.2020.
04.12.2020 [DEEPAK SIBAL]
shamsher JUDGE
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217 CRWP-7729-2020
PRABHJOT SINGH VS STATE OF PUNJAB AND OTHERS Present: Mr.Sushant Kohli, Advocate, for the petitioner.
Ms.Bhavna Gupta, DAG, Punjab.
. . .
Case taken up through video conferencing. On request of learned counsel for the petitioner, adjourned to 25.01.2021.
04.12.2020 [DEEPAK SIBAL]
shamsher JUDGE
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