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High Court of Punjab and HaryanaCRM-M/37530/2020dismissed

Balraj v. State Of Punjab

2021-10-06Mr. Justice Amol Rattan Singh2 pages

CRM-M-37530-2020 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-37530-2020 (O&M) Date of Decision: 06.10.2021 Balraj ...... Petitioner

Versus

State of Punjab ......... Respondent

CORAM:

HON'BLE MR. JUSTICE AMOL RATTAN SINGH Present :

Ms. Arti Kaur, Advocate, for the petitioner.

Mr. V.G.Jauhar, Sr. DAG, Punjab.

***** AMOL RATTAN SINGH, J. (ORAL) CRM-6661-2021 Vide this application, the applicant/petitioner had sought to be admitted to interim bail on the ground that his father was suffering from severe asthma and chronic angina and that there was no other person available to look after him.

Thereafter on 24.03.2021, the following order had been passed by this court:- "Case heard via video conferencing.

Pursuant to the previous order passed, learned State counsel submits from the reply of the DSP, Police District Khanna, that a medical board was constituted to examine the petitioners' father (Sarwan), with it found that he was a regular smoker and that there was chronic change in the lateral valve of his heart, with him advised regular check-up.

Since the specific contention of learned counsel for the petitioner was that the petitioners' mother had passed way and that the petitioners' own wife has deserted him and that his sisters all are married ladies and do not live in the vicinity of his own village, the petitioner is ordered to be admitted to interim bail to the satisfaction of the learned trial court, till the next date of hearing before this VIRENDRA SINGH ADHIKARI 2021.12.22 12:21 I attest to the accuracy and integrity of this document

CRM-M-37530-2020 (O&M) -2court.

In the meanwhile, it would be determined from the village where the petitioner lives, as to whether there is any other person, other than the petitioner, who is available to look after his father.

A gazetted would file a short affidavit to that effect.

Adjourned to 12.07.2021."

A reply by way of an affidavit of the DSP, Police District Khanna, dated 30.08.2021, has been filed, stating therein that as per enquiry made from the neighbourhood of the petitioner, including his own father, Sarwan Singh, the petitioner and his wife do not look after him at all and are not giving any service to him, with him also taking his meals from his neighbours.

That being so, with the petitioner, even more than four months after he had been admitted to interim bail, not shown to be looking after his father and the interim bail having been granted to him only for that purpose, the interim order stands vacated with this application dismissed. CRM-M-37530-2020 After arguing for sometime, learned counsel for the petitioner does not press the present petition.

Dismissed as withdrawn.

(AMOL RATTAN SINGH) JUDGE 06.10.2021 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2021.12.22 12:21 I attest to the accuracy and integrity of this document