CRM- M 28948 of 2011 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M 28948 of 2011 Date of decision : December 21, 2011 Charanjit Singh @ Vicky, ...... Petitioner v. State of Punjab, ...... Respondent *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. J.S.Thind, Advocate for the petitioner. Mr.J.S.Brar, AAG Punjab *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J (Oral) The petitioner seeks grant of regular bail in case FIR No.56, dated 30.5.2009, registered under Sections 376, 506, 323, 34 of the IPC, at Police Station Bhikhiwind. On 16.11.2011, the following order was passed :- “ This is a petition for regular bail filed in case bearing FIR No. 56 dated 30.05.2009, under Sections 376, 506, 323, 34 IPC registered at Police Station Bhikhiwind, Distt. Tarn Taran. On 22.09.2011 the following contention was noticed:- ` Learned counsel states that the petitioner has now been in custody since 22.07.2010 and despite five opportunities not even a single witness for the prosecution has appeared.' CRM- M 28948 of 2011 ::2:: Learned counsel for the petitioner has today argued that despite the passage of 1½ month, till date not even a single witness has been examined. He has further argued that in a turn around the prosecutrix has exonerated the other person who has exonerated the other person but has persisted in implicating the petitioner. He has further argued that there is a delay of four days in lodging of the FIR and no medical record has been attached. Learned DAG, on instructions from ASI Narinder Kumar, has argued that even though no witness has been examined but the case is now fixed for 01.12.2011 for prosecution evidence and states that on that date the prosecutrix will definitely be examined and thereafter the plea of the petitioner for bail may be considered. I find it to be a fair request. Adjourned to 05.12.2011.” Counsel for the respondent, on instructions from SI Tilak Raj has fairly accepted that even on the last date i.e 1.12.2011, no prosecution witness appeared, and in fact now bailable warrants have been issued to secure the presence of the complainant/prosecutrix. In these circumstances, without commenting upon the merits of the case, I deem it appropriate to grant the concession of bail to the petitioner. Bail to the satisfaction of the trial Court/Duty Magistrate, Tarn Taran. Petition stands disposed of. ( AJAY TEWARI ) December 21, 2011. JUDGE `kk'