LAWS(P&H)-2013-4-12

SULTAN Vs. STATE OF HARYANA

Decided On April 02, 2013
SULTAN Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) PETITIONER -Sultan son of Tulsi Ram, has preferred the instant petition for the grant of regular bail in a criminal case instituted against him on the complaint(Annexure P-1) filed by complainant-Krishna Devi daughter of Jai Singh, respondent No.2(for brevity "the complainant"), in which, he(petitioner) along with his other co-accused, were summoned to face the trial, for the commission of offences punishable under Sections 376(g), 323, 452, 506, 148 read with Section 149 IPC, by the Magistrate by way of summoning order dated 11.06.2012(Annexure P-4), invoking the provisions of Section 439 Cr.P.C.

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

(3.) AT the very outset, the contention of the learned counsel that, since the complainant has filed the false criminal complaint at this belated stage, so, the petitioner is entitled to regular bail, has considerable force. It is not a matter of dispute that, the medico legal examination of the victim was conducted after a gap of about ten months from the date of alleged occurrence. Moreover, prima facie the story of the complainant appears to be improbable and unnatural.