Crl. Misc. No. M-37007 of 2009 2 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-37007 of 2009 (O&M) Date of decision: January 19, 2010 Sukhdev Masih ...Petitioner Versus State of Punjab ...Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. A.S. Kalra, Advocate, for the petitioner. Mr. APS Brar, Sr. DAG, Punjab. GURDEV SINGH, J. Petitioner-Sukhdev Masih is seeking regular bail under Section 439 (1) of the Criminal Procedure Code in FIR No. 46 dated 17.7.2009 registered at Police Station Ghanie-Ke-Banger, District Gurdaspur, under Section 376/457 IPC. The story, as incorporated in the FIR, is that on the night intervening 16/17.2.2009, the petitioner criminally trespassed into the house of Sunita-prosecutrix and committed forcible sexual intercourse with her. The complainant is a married woman of 30 years having three children. She herself narrated in the FIR that on previous occasion also, the petitioner molested her and a compromise was effected on 9.5.2009. Counsel for the petitioner has drawn the attention of this Court towards the Calandera presented under Sections 107/151 of Cr.P.C. against this very petitioner. Those security proceedings were initiated against the petitioner at the instance of the husband of the prosecutrix and he had come up with the version that on one of the occasions, the prosecutrix had eloped Crl. Misc. No. M-37007 of 2009 2 with the petitioner. In these circumstances, it is debatable if the sexual intercourse by the petitioner was performed with the consent of the prosecutrix, who is a grown up woman having three children. The petitioner is coming in custody for the last six months and the trial still has not commenced. The conclusion of the trial will take a long time. Keeping in view the above facts and without expressing any opinion on the merit of the case, this application is allowed. The petitioner is admitted to bail to the satisfaction of the trial court/Chief Judicial Magistrate, Gurdaspur. January 19, 2010 (GURDEV SINGH ) prem JUDGE