Manjit Kaur And ANR v. State Of Punjab

- 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 07.02.2025 Manjit Kaur and another . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Abhimanyu Kalsy, Advocate for the petitioner(s).

Mr. Amandeep S. Samra, Addl. AG, Punjab.

**** SANJAY VASHISTH , J. (Oral) 1.

Instant petition, wherein petitioners have sought interim regular bail, on account of performing the rituals of Bhog Ceremony of their son, which is to take place on 09.02.2024. On previous date of hearing i.e. 06.02.2025, following order was passed:- "Present:

Mr. Sandeep Verma, Advocate for the petitioners.

-.- Prayer in this petition, filed for grant of interim regular bail to the petitioners from 07.02.2025 to 11.02.2025, who have been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitioner (s) FIR No.

Date Section(s) Police Station District (1) Manjit Kaur, aged 52 years, (2) Malkiat Singh, aged about 52 years 29.06.

302, 307, 379-B, 332, 333, 186, 353, 342, 148, 149, 201 of IPC, 1860 Dharamkot Moga 2.

Counsel for the petitioners submits that petitioners have prayed for grant of interim bail from 07.02.2025 to 11.02.2025, as their son namely Paramjit Singh expired on 21.01.2025, due to roadside accident, and being

- 2 - parents of the deceased, they are required to perform the Bhog ceremony of their son.

He also submits that for the purpose of performing bhog ceremony, vide order dated 23.01.2025, learned trial Court had directed the Jail Authorities to take the petitioners in custody at State expenses, on 03.02.2025 at village Aminwala.

3.

Due to certain reasons, Bhog ceremony could not be performed on 03.02.2025, and it is now fixed for 09.02.2025. Thus, he prays for grant of interim bail to the petitioners.

4.

Notice of motion.

5.

On advance notice, Mr. Amandeep Singh, DAG, Punjab, puts in appearance on behalf of the respondent - State, and seeks some time to respond to the submissions addressed by learned counsel opposite, and to file status report in the matter.

6.

Adjourned to 07.02.2025.

To be taken up at 2.00 P.M.

7.

Let the facts be verified by learned State counsel, and a status report in that regard, be filed on the next date of hearing." 2.

Learned State counsel appears and states that after verifying the facts, it is found correct that the Bhog Ceremony of the son of the petitioners, is fixed for 09.02.2025 at Village Aminwala, Distt. Moga. It is also informed that 'Paramjit Singh', who was son of the petitioners expired due to some road side accident during the period when the petitioners were inside jail.

3.

It is further submitted that the petitioners were allowed to attend the cremation of their son while they were in custody and similar order was passed by the learned Trial Court, when the prayer for interim bail was made before it, at the first instance.

However, now for the purpose of arranging some funds, and then to perform the Bhog Ceremony rituals of their son, petitioners seek interim regular bail.

4.

Considering the totality of circumstances, and the fact that after the death of the son of the petitioners, they have never been granted interim

- 3 - regular bail to perform the required rituals in an appropriate manner. Thus, it is observed that the petitioners should be granted interim regular bail upto 11.02.2025 and on the said day i.e. 11.02.2025, they shall surrender back before the jail authorities.

5.

Resultantly, present petition is allowed. The petitioners are ordered to be released on interim regular bail in this case uptill 11.02.2025, subject to their furnishing bail/surety bonds to the satisfaction of the learned Chief Judicial Magistrate/Illaqa Magistrate/Duty Magistrate concerned, if not required in any other case.

6.

It is made clear that the petitioners shall surrender back before the Authorities concerned on 11.02.2025 in compliance to the directions passed by this Court.

7.

With aforementioned terms, present petition is disposed of. (SANJAY VASHISTH) JUDGE February 07, 2025 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No