Criminal Misc.-M No. 22664 of 2011 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc.-M No. 22664 of 2011(O&M) Date of Decision: 11.08.2011 Harbhajan Singh @ Bhajan Singh ...Petitioner Versus State of Punjab ..Respondent CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. D.S. Sandhu, Advocate for the petitioner. Mr. K.S. Pannu, Deputy Advocate General, Punjab. …… RAJESH BINDAL, J. Learned counsel for the petitioner submitted that the FIR in question was registered on 15.6.2008. The matter was investigated by the different officials. In one of the inquires, the petitioner was found guilty. In the FIR, the allegations levelled by the prosecutrix are that she had taken lift on the scooter of the petitioner, however, on the way he had taken her to an isolated place and committed rape on her. Even thereafter, she accompanied him on the scooter and was dropped at Sarabjit Hospital. The incident is stated to have taken place at 7.30 p.m on 14.6.2008, whereas it has been re- ported by her only on 15.6.2008 in the morning. The submission is that firstly, no such incident took place as is evident from the fact that even after the alleged incident, the prosecutrix accompanied the petitioner. The FIR is more than 3 years old. The petitioner is retired as Subedar from Indian Army and he will join the investigation. On the other hand, learned counsel for the State submitted that in the Chemical Examiner’s report spermatozoa has been found in four sam- ples taken. There are specific allegations against the petitioner. The offence being heinous, the petitioner does not deserve concession of pre-arrest bail. After hearing learned counsel for the parties and considering the fact that the FIR is more than three years old and even as per the case set Criminal Misc.-M No. 22664 of 2011 2 up by the prosecutrix, she had accompanied the petitioner even after the al- leged offence had been committed by him, in my opinion, the petitioner de- serves the concession of pre-arrest bail. He is directed to appear before the Investigating Officer on 19.08.2011 at 10.00 a.m. and in case of arrest, he shall be released on furnishing of bail bonds to the satisfaction of the Inves- tigating Officer. He shall appear before the Investigating Officer as and when called upon for further investigation. He shall also be bound by all the conditions as contained in Section 438 (2) Cr.P.C. The petition stands disposed of. (RAJESH BINDAL) JUDGE 11.08.2011 sharmila