Sahil Wadhwa v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-42228-2024 Date of Decision : August 28, 2024 SAHIL WADHWA -Petitioner V/S STATE OF PUNJAB -Respondent

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Pranav Chamoli, Advocate for the petitioner.

Mr. Pardeep Bajaj, D.A.G., Punjab.

*** KULDEEP TIWARI, J. (ORAL) 1.

Through this second petition, as instituted under Section 483 read with Section 528 of the B.N.S.S., a prayer is made for extension of interim bail granted to the petitioner, in case FIR No.20 dated 24.09.2023, under Sections 326, 324, 323, 506, 34 of the IPC (Section 201 of the IPC added subsequently), registered at P.S. GRP Abohar, District Fazilka. 2.

In his beseeching the relief (supra), the learned counsel for the petitioner submits that, earlier this Court had, after taking into account the undisputed critical medical condition of the petitioner's father, granted interim bail to the petitioner for a period of 15 days, as is evident from Annexure P-2, wherein becomes enclosed the apposite order. The term of interim bail (supra) was ordered to end on 28.08.2024 in the evening. Now, what has triggered the petitioner to seek extension of interim bail (supra), is that, owing to his critical medical condition, the demise of the petitioner's father occurred on 20.08.2024 and his cremation was conducted on 21.08.2024. However, some of the ceremonies relating to petitioner's DEVINDER YADAV 2024.08.29 09:08 I attest to the accuracy and authenticity of this order/judgment

CRM-M-42228-2024 father's last rites are scheduled for 01.09.2024, therefore, prayer is made for extending the term of petitioner's interim bail upto the evening of 02.09.2024.

3.

To substantiate his claim regarding demise of petitioner's father, the learned counsel for the petitioner has enclosed a certificate issued by the Member, Ward No.8, Municipal Council, Gidderbaha, thus affirming demise of petitioner's father, as Annexure P-3, and, has also enclosed the copy of the relevant Crematorium Record as Annexure P-4. 4.

In view of the peculiar facts and circumstances narrated hereinabove, coupled with the substantiation lent thereto by the learned State counsel, this Court deems it appropriate to extend the period of interim bail, as already granted to the petitioner. Therefore, the instant petition is allowed and the interim bail granted to the petitioner is extended upto 02.09.2024 (till 05:00 p.m.). On expiry of the above term, the petitioner shall forthwith restep into the prison concerned and if he does not do so, thereupon the SHO of the jurisdictional police station concerned shall forthwith arrest the petitioner and thereafter, shall produce him before the learned Judicial Magistrate concerned.

5.

A copy of this order be supplied to the learned counsel for the petitioner, under signatures of Special Secretary of this Court. (KULDEEP TIWARI) August 28, 2024 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2024.08.29 09:08 I attest to the accuracy and authenticity of this order/judgment