Rajbir @ Suraj vs State Of Punjab
2021 Latest Caselaw 904 P&H

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CRM-M-4300-2021


      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                             CRM-M-4300-2021
                                             Date of decision: 03.03.2021

Rajbir @ Suraj
                                                               ...Petitioner
                                      Versus

State of Punjab

                                                           .....Respondent

CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:-   Mr. S.K.Sandhir, Advocate,
            for the petitioner.

            Mr. Saurav Khurana, DAG, Punjab.

            Mr. Arpan Sabharwal, Advocate,
            for the complainant.

HARNARESH SINGH GILL, J. (ORAL)

Case is taken up for hearing through video conferencing.

Through this petition, the petitioner seeks regular bail in case

bearing FIR No.147 dated 14.09.2020, registered at Police Station Model

Town, Police Commissionerate Ludhiana, under Sections 376 and 417 IPC.

Learned counsel for the petitioner contends that the petitioner

and the complainant had been in a live-in-relationship for the last one year

and during the said period, there was no complaint whatsoever filed by the

complainant, a 27-year-old two times married lady. However, she had only

obtained a panchayati divorce from her first husband and not any divorce

from the competent court. In support of his contentions, he relies upon the

judgment rendered by the Hon'ble Supreme Court in Pramod Suryabhan

Pawar Vs. The State of Maharashtra & Anr. 2019 (4) R.C.R.

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CRM-M-4300-2021

(Criminal) 135. The petitioner has been in custody since 18.09.2020.

On the other hand, the learned State counsel opposes the

prayer made in the present petition. However, he does not dispute the

custody period of the petitioner.

Learned counsel for the complainant submits that he has

instructions to state that the complainant had given a statement on

25.02.2021 before the trial Court in favour of the petitioner.

I have heard the learned counsel for the parties.

The petitioner has been in custody since 18.09.2020. Trial of

the case would take time to conclude. Therefore, no useful purpose would

be served by keeping the petitioner behind the bars.

In view of the above, without commenting anything on the

merits, lest it should prejudice the case of either side, the present petition is

allowed and the petitioner is ordered to be released on bail on his

furnishing bail and surety bonds to the satisfaction of the learned trial

Court/Duty Magistrate.

03.03.2021                                     (HARNARESH SINGH GILL)
parveen kumar                                          JUDGE

                Whether reasoned/speaking?       Yes/No
                Whether reportable?              Yes/No




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