High CourtsSingle Bench(2000) 12 P&H CK 0112

Kala alias Krishan Pal vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 20 December 2000 · Citation: (2001) 2 RCR(Criminal) 665

HON’BLE JUDGES
Amar Dutt, J
CASE NUMBER
Criminal Miscellaneous No. 32977 of 2000

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Judgment

4 paragraphs · 345 words

Amar Dutt, J.—This order will dispose of Crl. M. No. 32977-M of 2000 and Crl. M. No. 32431-M of 2000, in which the petitioners had filed applications for anticipatory bail, after they had been summoned by the Chief Judicial Magistrate, Panipat to face their trial in a complaint filed against them at the behest of Sardar Singh, father of Geeta and Kavita, who are stated to have been subjected to sexual inter-course against their wishes, by the petitioners.

2.

On 27.9.2000,1 have directed the petifioners to put an appearance before the trial Court on or before 6.10.2000, whereupon the said Court would admit them to interim bail. After service of notice on the complainant, the affirmations of this orders are opposed on the ground that this is a case of gang rape during which the petitioners had threatened the minor girls with dire consequences and even thereafter threats are being persisted with against both the girls as well as their parents. Since non-bailabte warrants had already been issued against the petitioners, this is not a case in which the orders granting them anticipatory bail should be confirmed. The best which can be said in the favour of the petitioners is that they would be entitled to a direction in lerms of law laid down in Salauddin Abdulsamad Shaikh Vs. State of Maharashtra, andff.L. Verma v. State and another 1999 (1) CLR 259 : 1997(1) RCR 493 (SC).

3.

Accordingly, it is ordered that the petitioners will now move applications before the trial Court for regular bail on or before 5.1.2001, whereupon the said Court will dispose of the applications within 4 days i.e. on or before 9.1.2001 after taking into consideration any objections, that may be raised by the complainant before them, spelling out reasons, why the petitioners should not be admitted to bail, Till that date, the order granting interim bail, will continue. In the event of the bail applications being rejected, the petitioners will surrender before the trial Court on 9.1.2000 or the date on which their applications are decided.

4.

Order accordingly.