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2013 DIGILAW 284 (PNJ)

Sandeep Singh @ Mandeep Singh v. State of Punjab

2013-03-02

Naresh Kumar Sanghi

body2013
JUDGMENT Mr. Naresh Kumar Sanghi, J.: - Prayer in this petition is for grant of regular bail to petitioner-Sandeep Singh @ Mandeep Singh, who has been booked for having committed the offence punishable under Section 376, IPC, in a case arising out of FIR No.151, dated 12.11.2012, registered at Police Station, Sadar, Sangrur. 2. Learned counsel contends that during the pendency of the trial, the petitioner was granted the ad-interim bail for 15 days to enable him to perform the marriage with the prosecutrix. He further submits that during the period of interim bail, the petitioner has solemnized the marriage with the prosecutrix and now she is residing at her in-laws house. He further submits that after completion of the period of interim bail, the petitioner has surrendered before the jail authorities and is behind the bars. He further submits that the prosecutrix is more than 16 years of age. He further submits that the petitioner is a student and had developed the love affair with the prosecutrix prior to the lodging of the FIR. 3. Learned counsel for the State, on instructions from ASI Joginder Singh, Police Station, Sadar, Sangrur, admits the fact that during the period of interim bail, the petitioner has solemnized the marriage with the prosecutrix. However, he submits that the age of the prosecutrix was less than 16 years, therefore, the prayer for bail to the petitioner be rejected. He also submits that the prosecution evidence is over and at this stage, it will not be in the interest of justice to grant bail to the petitioner. However, he concedes that the petitioner is neither required nor involved in any other case. 4. The prosecutrix is present in Court who has been identified by ASI Joginder Singh. She states that she is 17 years old and has performed the marriage with the petitioner. She further states that she has no objection if the prayer for grant of regular bail to the petitioner is accepted. 5. Heard. 6. According to the submissions made before this Court, the petitioner had love affair with the prosecutrix. Now he has solemnized the marriage with the prosecutrix after grant of interim bail by a Co-ordinate Bench of this Court. The prosecutrix is present in the Court and admits the factum of solemnization of her marriage with the petitioner. 5. Heard. 6. According to the submissions made before this Court, the petitioner had love affair with the prosecutrix. Now he has solemnized the marriage with the prosecutrix after grant of interim bail by a Co-ordinate Bench of this Court. The prosecutrix is present in the Court and admits the factum of solemnization of her marriage with the petitioner. Learned counsel for the State has also conceded the solemnization of the marriage of the prosecutrix with the petitioner. 7. In view of all the circumstances available on record, the present petition is allowed. Petitioner-Sandeep Singh @ Mandeep Singh, s/o Roop Singh Ramdasia, r/o Chup Kiti, District Moga, is ordered to be released on bail, during the pendency of the trial, subject to his furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Sangrur. ---------0.B.S.0------------