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High Court of Punjab and HaryanaCRM-M/54854/2023allowed

Amandeep Singh v. State Of Punjab

2023-11-07Mr. Justice Harsimran Singh Sethi3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-54854-2023 (O&M) Decided on : 07.11.2023 AMANDEEP SINGH . . .PETITIONER

Versus

STATE OF PUNJAB . . .

RESPONDENT

CORAM:

HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI PRESENT: Mr. Gursimran Singh Bawa, Advocate for the petitioner.

Mr. Rohit Ahuja, DAG, Punjab.

**** HARSIMRAN SINGH SETHI , J. (Oral) In the present petition, the petitioner seeks interim bail so as to attend the marriage of his daughter.

On 06.11.2023, following order was passed by this Court:- "Notice of motion.

Mr. Rohit Ahuja, DAG, Punjab accepts notice on behalf of the respondent-State.

Learned State counsel is directed to inform this Court about the veracity of the averments made in the present petition that the daughter of the petitioner is getting married.

Learned counsel for the petitioner submits that the petitioner is ready to attend the marriage function of his daughter under police custody for a day and will be paying expenses to be incurred for the said purpose. Learned State counsel is also directed to inform

CRM-M-54854-2023 -22023:PHHC: 141655 about the tentative charges, which will be incurred so that the same could be mentioned in the order.

Adjourned to 07.11.2023 "

Today, learned counsel for the respondent-State submits that the authenticity of the marriage of daughter of the petitioner has been confirmed and keeping in view the order passed by this Court, a sum of Rs.16,000/- will be incurred in allowing the petitioner to attend the marriage of his daughter under police custody and in case, the petitioner is ready to pay the said amount i.e. Rs. 16,000/-, the State has no objection in allowing the prayer of the petitioner as raised in the present petition. Learned counsel for the petitioner submits that keeping in view the assessment of the expenses, the family of the petitioner is not in a position to advance Rs. 16,000/- and they can only pay a sum of Rs.10,000/- keeping in view financial liability.

I have heard learned counsel for the parties and have gone through the case file with their able assistance. Keeping in view the facts and circumstances of the present case, in the interest of justice, the direction is issued to allow the petitioner to attend the marriage of his daughter which is scheduled for 09.11.2023 at the place already identified by the police under the police custody. The petitioner will be brought back to the jail premises on the same day i.e. 09.11.2023 by 5.00 PM.

The expenses to be paid by the petitioner for the said purpose are assessed at Rs. 10,000/-.

The jail authorities are requested to depute adequate manpower to ensure that the petitioner does not misuse the concession of attending the

CRM-M-54854-2023 -22023:PHHC: 141655 marriage of his daughter though, an undertaking has also been given by the petitioner that the concession being given to him by this Court will not be misused in any manner.

In case, the police authorities are of the view that the petitioner needs to be handcuffed at any time during the said period, the police will be free to do so, so that, the concession being given to the petitioner by this Court is not misused in any manner and to secure the custody of the petitioner.

Let an appropriate permission be given by the Magistrate concerned keeping in view the order passed herein before and subject to his satisfaction, the order mentioned herein before be complied with. The deposit of Rs. 10,000/- will be ensured by the Magistrate concerned before passing appropriate order.

Disposed of. .

(HARSIMRAN SINGH SETHI) JUDGE 07.11.2023 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No