Jorawar @ Harbadiya v. State Of Haryana

CRM No.M-25392 of 2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M- 25392 of 2018(O&M) Date of Decision: June 08 , 2018.

Jorawar @ Harbadiya ...... PETITIONER (s)

Versus

State of Haryana ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Lajpat Sharma, Advocate for the petitioner.

Ms. Dimple Jain, AAG, Haryana.

***** LISA GILL, J.

This petition has been filed for grant of interim bail to the petitioner in FIR No.51 dated 24.02.2015 under Sections 302/386/450/34/120B IPC and Section 25 of the Arms Act, registered at Police Station Khol, District Rewari for two weeks on account of death of his father.

It is stated that the petitioner's father died on 02.06.2018. Last rites, Rasam Pagari etc. are to be performed on 12.06.2018. The petitioner is an accused in the abovementioned FIR. As per the allegations in the FIR, he is attributed with a gun shot injury on the mouth of the deceased.

It is brought to my notice that the petitioner was earlier afforded interim bail for one day in police custody for attending the marriage of his Omkar Singh 2018.06.08 17:11 I attest to the accuracy and integrity of this document High Court, Chandigarh

CRM No.M-25392 of 2018 -2nephew.

Learned counsel for the State, on instructions from ASI Lal Chand, informs that the petitioner is involved in seven other criminal cases, though he has been acquitted in some of them. Learned counsel for the State does not raise any serious objection to the petitioner attending last rites of his father in police custody.

When this Court was going to dictate the order affording permission to the petitioner to attend the last rites of his father in custody, learned counsel for the petitioner, on instructions from Parveen Kumar brother-in-law of the petitioner, states that the petitioner does not wish to attend the last rites of his father in police custody. It is submitted that interim bail should be afforded to the petitioner.

Keeping in view the factual matrix of this case, I do not find any ground whatsoever to afford the concession of interim bail to the petitioner for two weeks for attending the last rites etc. of his father. However, in the interest of justice it is directed that in case, the petitioner expresses his desire before the jail authorities by 4.00 p.m. on 09.06.2018 to attend the last rites of his father on 12.06.2018, he shall be taken to village Majra, Tehsil and District Rewari in police custody for the same. Petition is accordingly disposed of.

( LISA GILL ) June 08 , 2018.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Omkar Singh 2018.06.08 17:11 I attest to the accuracy and integrity of this document High Court, Chandigarh