CRM-M-25231 of 2011 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-25231 of 2011 Date of Decision: 17.10.2011 Shuyeb Mohd. . . .Petitioner Versus State of Punjab . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.Atul Lakhanpal, Sr. Advocate, with Mr.Arjun Lakhanpal, Advocate, for the petitioner. Mr.K.D. Sachdeva, Addl. A.G. Punjab. ***** RAKESH KUMAR JAIN, J (ORAL) This is a petition for bail in a pending trial case registered vide FIR No.28 dated 28.5.2010 under Sections 376, 366-A, 363 & 506/34 of the Indian Penal Code, 1860 (for short ‘IPC’) at Police Station Malerkotla, District Sangrur. The FIR is registered on the complaint of Sabina and Akbari against Danish & Shuyeb for the aforesaid offences. Danish has been found to be innocent by the Police whereas petitioner was arrested on 2.8.2010. In this case after the challan was presented, the statement of the prosecutrix was recorded. Thereafter a compromise was effected between the parties according to which the complainant agreed to marry with the petitioner. While praying for bail on the basis of the said compromise, the learned counsel for the petitioner had argued on 26.9.2011 that the petitioner may be granted interim bail so that he may perform Nikah with the petitioner. Smt. Zorina mother of the petitioner, who was present in Court, had also made the said statement, resultantly the following order was passed: “This is a petition for regular bail pending trial in a case registered vide FIR No.28 dated 28.5.2010 under Sections 376, 366-A, 506/34 of the Indian CRM-M-25231 of 2011 - 2 - Penal Code, 1860 (for short ‘IPC’) at Police Station Malerkotla, District Sangrur. The present FIR was registered by the two ladies, namely Sabina and Akbari. Allegation of rape is levelled against the petitioner by Sabina whereas learned counsel for the petitioner submits that both the prosecutrix and the petitioner were in love with each other and wanted to marry. A compromise (Annexure P-4) is also placed on record. Smt. Zorina mother of the petitioner is present in Court who has submitted that if interim bail is granted to the petitioner, she would perform his (petitioner) Nikah with the complainant Sabina. After hearing the learned counsel for the parties and taking into consideration all the facts and circumstances of the case but without making any observation on the merit, the petitioner is granted interim bail for a period of three weeks i.e. up to 17.10.2011 to perform Nikah. Adjourned to 17.10.2011 to produce on record Nikahnama.” Today, both Shuyeb Mohd. (petitioner) and Sabina (complainant) are present in Court along with their respective mothers. Complainant Sabina has made a statement about her Nikah with the petitioner and has produced on record original copy of Nikahnama as well as its true translation in English. The photocopy of the Nikahnama and true translation is taken on record. Since the petitioner had already furnished his bail bonds in terms of the order dated 26.9.2011, the bail granted to the petitioner on 26.9.2011 is hereby extended till 20.10.2011 and he is directed to be released on regular bail on his furnishing bail bonds before the learned trial Court. Petitioner shall appear before the learned trial Court on 20.10.2011 and furnish his bail bonds. CRM-M-25231 of 2011 - 3 - Petition is disposed of. A copy of this order be given to both the learned counsel for the parties under the signature of Bench Secretary of this Court. (RAKESH KUMAR JAIN) OCTOBER 17, 2011 JUDGE Vivek