Crl.M.No.29191-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.29191-M of 2010 Date of Order: 25.10.2010 Vishal Sharma .....Petitioner Vs. State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. J.S. Bedi, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. Mr. G.P.S. Bal, Advocate for the complainant. JASWANT SINGH, J (ORAL) Prayer under Section 439 Cr.P.C is for grant of regular bail on behalf of the husband of the complainant-Nisha Sidhu in case FIR No.36 dated 8.3.2007 under Sections 376/120-B IPC and Section 3 of SC & ST Act, P.S Haibowal, Ludhiana. It is stated that the present FIR was lodged prior to the marriage and subsequently the petitioner and complainant solemhized their marriage on 25.5.2007 and a son was born out of the said wedlock on 23.7.2008. It is further stated that after investigation, cancellation report was also prepared on 25.8.2007 and subsequently the complainant has demanded re- investigation of the case. Learned counsel for the petitioner submits that the dispute is matrimonial one and therefore, no offence is made out under Section 376 IPC and SC & ST Act. It is stated that the petitioner is in custody for the last more than five months. Crl.M.No.29191-M of 2010 #2# Without commenting upon merit of the case and taking into account the custody period and that the trial is not likely to conclude in near future, I find that no useful purpose would be served to keep the petitioner in custody any longer. Accordingly, petition stands allowed and the petitioner is directed to be released on bail to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Ludhiana. October 25, 2010 ( JASWANT SINGH ) manoj JUDGE