KARTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AFTER hearing the learned counsel for the parties this Court is of the considered opinion that no strong reasons have been advanced by the petitioner for the cancellation of the bail order which was granted by the Court of Sessions on 8.5.1996 as it is well settled that paramenters for the cancellation of bail are totally different than the parameters for granting bail.

(2.) HOWEVER , directions are given to the accused not to visit the village of the prosecutrix during the pendency of the trial. The petitioner will also be at liberty to place on record of the Court of Sessions such documents which may prove the age of the prosecutrix.

(3.) BEFORE I part with this order I would like to say that while dealing with the cases for bail under Sections 363, 366 and 376 IPC the Subordinate Court do not give proper respect to the trend of law as settled by the Hon'ble Supreme Court. Specially it has been seen that in bail matters the Court of Sessions adopt a very casual attitude and have tried to bypass the established principles governing the bail applications specially in cases under section 376 IPC. Need not to mention that the offence against the weaker sections of the Society are grooming at an alarming speed and such criminals do not deserve any sympathy of the Society. I am personally of the view that the offences against the weaker sections fall in a more henious category than even the ordinary crimes including murders. Virginity of a woman cannot be exploited by any individual of the Society howsoever high or low he may be. The offence against a woman is not offence against an individual but against the Society as a whole which has the responsibility to protect our woman folk.