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High Court of Punjab and HaryanaCRM-M/24821/2025disposed of

Virender Kumar v. State Of Haryana And Others

2025-05-07Mr. Justice Sanjay Vashisth3 pages

- 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 07.05.2025 Virender Kumar . . . Petitioner(s)

Versus

State of Haryana and others . . . Respondent(s)

CORAM:

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

Mr. Kanwar Sanjiv Kumar, AAG, Haryana.

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

Petitioner - Virender Kumar, aged 41 years, has approached this Court u/s 528 of BNSS, 2023, with a limited prayer for extension of time only for 2 weeks (1 week prior and 1 week after) in interim bail order dated 02.05.2025 (Annexure P-5), passed by learned Trial Court, whereby, only 6 days interim bail has been granted to the petitioner in case FIR No.123, dated 12.07.2024, u/s 20, 29 of NDPS Act and 318(4), 347(1), 317(2) of BNS, 2023, registered at P.S. Sadar Bahadurgarh, Distt. Jhajjar (Annexure P-1).

2.

Counsel for the petitioner submits that petitioner had moved an application before the trial Court for releasing him on interim bail, for a period of about 30 days, i.e., from 01.05.2025 to 30.05.2025, during the pendency of trial in case FIR No.123, dated 12.07.2024 (P-1), which has been partially accepted by the trial Court vide order dated 02.05.2025 (P-5), by granting interim bail for a period of six days, i.e., from 15.05.2025 to

- 2 - 20.05.2025 only.

3.

Counsel for the petitioner contends that marriage of the daughter of the petitioner, namely; Sakshi, is fixed for 17.05.2025, and there is no other male member in the family, who can share the required responsibility, except, the son of the petitioner, namely; Mahender, who is minor.

Counsel also submits that if few more days are afforded to the petitioner for releasing him on interim bail, prior to the marriage of his daughter, in that situation, he would be able to make all necessary arrangements in regard to the performance of marriage of his daughter. Besides, counsel for the petitioner submits that petitioner is not involved in any other criminal case of similar nature. 4.

Notice of motion.

5.

On advance notice, Mr. Kanwar Sanjiv Kumar, AAG, Haryana, puts in appearance on behalf of the respondents - State and submits that reasonable time period has already been granted to the petitioner for the purpose of marriage of his daughter, therefore, there is no basis in extending the period of interim bail, which has already been afforded by the learned Trial Court.

6.

I have heard learned counsel for the parties and perused the relevant material available on record.

7.

From paragraph No.5 of the order dated 02.05.2025 (Annexure P-5), passed by the learned Additional Sessions Judge, Jhajjar/Trial Court, it is noticed that the factum of marriage of the daughter of the petitioner, as well as the fact that the petitioner is the only male member in his family, is

- 3 - found to be correct & true, and it is only thereafter, learned Trial Court build up it's view of accepting the plea of interim bail, partially. 8.

This Court has considered the submissions and the request of the petitioner, and has also viewed the circumstances on its own that in the marriage of a daughter, primary role to discharge all the duties with responsibility and diligently, is of the father in our society. It has already been observed by learned Trial Judge that the factum of marriage and petitioner being an only male person, has been affirmed. Therefore, if the interim order is extended for few more days, no one's rights would be adversely affected or prejudiced, if interim bail is granted to the petitioner by allowing some additional time prior to the solemnization of the marriage. Therefore, the present petition is partially accepted. The petitioner is allowed to be released on interim bail for the extended period from 08.05.2025 to 22.05.2025.

In other words, the starting period of interim bail shall now be considered as 08.05.2025 instead of 15.05.2025 and interim bail would be there uptill 22.05.2025 instead of 20.05.2025. It is, however, made clear that all other terms and conditions as recorded in the order dated 02.05.2025 (Annexure P-5), passed by the learned Trial Court, shall remain intact and continue to apply. Petition stands disposed of, with above-said observations. (SANJAY VASHISTH) JUDGE May 07, 2025 J.

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