Amrinder Singh v. State Of Haryana & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Writ Petition No.212 of 2016 Date of Decision : February 19, 2016 Amrinder Singh .....Petitioner

VERSUS

State of Haryana and others .....Respondents CORAM : HON'BLE MR. JUSTICE T.P.S. MANN HON'BLE MR. JUSTICE RAMENDRA JAIN Present :

Mr. Ankur Malik, Advocate for the petitioner.

Mr. Kapil Aggarwal, Advocate Additional Advocate General, Haryana.

T.P.S. MANN, J.

Prayer made in the present petition filed under Article 226 of the Constitution of India read with Section 98 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'the Act') is for grant of seven days' emergency leave of absence to the petitioner so as to enable him to attend the marriage of his sister Ramanjeet Kaur on 28.2.2016.

According to the petitioner, he stands convicted under Section 302 read with Section 149 IPC by the Principal Magistrate, Juvenile Justice Board, Ambala and ordered to be kept in a Special Home for a period of three years under Section 15(1)(g) of the Act. The said judgment and order was upheld by learned Additional Sessions Judge, Ambala. Aggrieved of the same, he has preferred Criminal Revision No.73 of 2016 which stands admitted. According to the petitioner his sister Ramanjeet Kaur is SATISH KUMAR 2016.02.23 14:38 I attest to the accuracy and authenticity of this document Chandigarh

Criminal Writ Petition No.212 of 2016 -2getting married on 28.2.2016, where his presence would be most necessary. In this regard, he has drawn the attention of the Court to the invitation card (Annexure P-1).

Further case of the petitioner is that marriage of one's sister is an auspicious occasion in the lifetime of a brother and to deny him the opportunity of being present at the marriage function would not only cause grave injustice but would also deny his sister the joy of being with her brother at her wedding. Upon notice, learned State counsel has produced the report dated 19.2.2016 prepared by the Station House Officer, Police Station Sadar, Ambala, wherein it stands mentioned that the factum of the petitioner's sister getting married on 27/28.2.2016 stands duly verified.

After hearing learned counsel for the parties, this Court finds that a case is made out for granting one week's emergency leave of absence to the petitioner so as to enable him to be present at the time of marriage of his sister.

Resultantly, the petition is accepted and the petitioner is granted emergency leave of absence for a period of one week w.e.f. 24.2.2016, subject to his furnishing of appropriate bonds to the satisfaction of the District Magistrate, Ambala. ( T.P.S. MANN ) JUDGE (RAMENDRA JAIN ) February 19, 2016 JUDGE satish SATISH KUMAR 2016.02.23 14:38 I attest to the accuracy and authenticity of this document Chandigarh