SARWAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition, under Section 439 Cr.P.C., for the grant of regular bail, has been filed by the petitioner, in case FIR No. 141 dated 24.10.2008, under Section 148, 376 and 365 read with Section 149 of the Indian Penal Code, Police Station Mehta, District Amritsar.

(2.) I have heard the Counsel for the parties, and have gone through the record of the case, carefully.

(3.) The Counsel for the petitioner has submitted that the accused-petitioner has been in custody since 13.09.2008. He has further submitted that earlier the petitioner was arrested for the offences, under Sections 148 and 365 read with Section 149 of the Indian Penal Code, for which he was granted bail. He has further submitted that later on, the offence, under Section 376 IPC was added and he was arrested. He has further submitted that, as per the allegations, the prosecutrix was abducted by the petitioner and his co-accused on 24.10.2008 and was got freed from their clutches on 21.11.2008. He has further submitted that further allegations against the accused-petitioner, are that he committed rape with her, during this period. He has further submitted that earlier the prosecutrix was married with the petitioner, and she got ex parte decree of divorce. He has further, submitted that the petitioner did not know about the ex parte decree of divorce. He has further submitted that subsequent thereto, the petitioner executed power of attorney, in favour of the prosecutrix. He has further submitted that the question of committing rape, with the prosecutrix, by the petitioner, did not at all arise.