SATNAM SINGH @ BITTU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for grant of regular bail to the petitioner, Satnam Singh @ Satta, son of Mohinder Singh, resident of village Chan Kohali, Police Station, Bhindi Saidan, District Amritsar, who alongwith his brother has been booked to face the trial for the offences punishable under Section 376 read with Section 34 and 376-D, IPC, in a case arising out of FIR No. 41, dated 11.3.2014, registered at Police Station, Ajnala, District Amritsar.

(2.) Learned counsel contends that concededly the petitioner had not committed rape on the prosecutrix; the petitioner is behind the bars from 13.3.2014; the prosecutrix and other material witnesses have already been examined and, as such, there is no chance for the petitioner to win-over the prosecution witnesses; the co-accused, who is brother of the petitioner, alleged to have committed the rape on the prosecutrix has already been arrested; the petitioner is neither required nor involved in any other case; and that in the event of bail, the petitioner shall abide by all the conditions to be imposed.

(3.) Learned counsel for the State submits that in compliance of the order dated 3.11.2014, the Senior Superintendent of Police, Amritsar (Rural), is present in the Court. He submits that on account of mis-communication by ASI Nirvail Singh, the affidavit of the Senior Superintendent of Police could not be presented before this Court on the last date of hearing. He further submits that in future the senior police officers shall be more vigilant in complying with the orders passed by the Courts.