BALWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) INVOKING the provisions of section 439 Cr.PC, petitioner Balwant Singh son of Santa Singh, has instituted the present petition for regular bail in a case registered against him, vide FIR No.92 dated 9.8.2009, on accusation of having committed the offence punishable under section 306 IPC, by the police of Police Station Sudhar, District Ludhiana.

(2.) NOTICE of the petition was issued to the State.

(3.) THE prosecution claimed that the marriage of Monika Rani was solemnized with petitioner Balwant Singh, four years prior to the present occurrence. What is not disputed here is that she had stayed with her father for about two months at village Bassian and the petitioner brought her only one day prior to the present incident. Under these circumstances, whether the penal provisions of section 306 IPC are attracted would be the moot point to be decided during the course of trial by the trial Court. Moreover, the petitioner was arrested on 11.8.2009 and since then he is in judicial custody. No useful purpose would be served to further detain him in jail. THE conclusion of trial will naturally take long time. THEre is no history of previous involvement of the petitioner in any criminal case.