IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-190 of 2011 DATE OF DECISION: March 08, 2011 Mohit Arora …..Petitioner versus State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr.Vaneet Sharma, Advocate for the petitioner Mr.Shilesh Gupta, DAG, Punjab .. RAJAN GUPTA, J.: (Oral) This is a petition under section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under section 376 IPC vide FIR No.169 dated 26.9.2009 at police station Patti, District Tarn Taran. Learned counsel for the petitioner, at the outset, has referred to medico-legal report (Annexure P-1) and submits that a perusal of the same shows that infact no rape was committed on the prosecutrix. He further contends that in the inquiry conducted by Deputy Superintendent of Police, Patti, no concrete evidence was found against the petitioner. Learned State counsel has opposed the prayer for bail on the ground that allegations against the petitioner are serious. He, on instructions from SI-Harjinder Singh, who is present in court, further contends that trial is Crl.Misc.No.M-190 of 2011 - 2 - already in progress and prosecution evidence is being recorded. As regards medico-legal report (Annexure P-1), learned State counsel submits that from perusal of original record, it is not possible to dispute the medico-legal report at this stage, but same can be a subject of examination at the time of trial. Heard learned counsel for the parties. The petitioner is in custody since 4.11.2010 and learned counsel for the petitioner has relied on medico- legal report (Annexure P-1) to contend that rape was infact not committed in this case. According to said report, no injury mark was present on the body of prosecutrix and hymen was intact. However, without expressing any opinion on the merits of the case and considering the fact that trial may take a long time to conclude as it is at the stage of recording prosecution evidence, no useful purpose would be served by detaining the petitioner in custody any longer. Bail to the satisfaction of CJM/Duty Magistrate, Tarn Taran. Disposed of. March 08, 2011 ( RAJAN GUPTA ) pc JUDGE 2