Jitender Singh v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-2.12.2024 Jitender Singh ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Jasbir Mor, Advocate for the petitioner.

Mr. Neeraj Sheoran, DAG, Haryana.

***** GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner seeks grant of interim bail so as to make arrangements for marriage of his daughter, which is stated to be solemnized on 8.12.2024. 2.

Learned counsel for the petitioner has referred to the wedding invitation card annexed as Annexure P-2 as per which Tarana daughter of Jitender Singh Dhull (petitioner) is to be married to Jatin on 8.12.2024. 3.

Notice of motion.

4.

At this stage, Mr. Neeraj Sheoran, DAG, Haryana, upon whom an advance copy of petition had already been served, accepts notice on behalf of the respondent-State.

5.

The petitioner had applied for grant of interim bail before the Trial Court and learned Additional Sessions Judge while accepting the assertions of the

( 2 ) petitioner regarding marriage of his daughter accepted the application partly to the extent that the petitioner was permitted to attend the marriage of his daughter on 8.12.2024 from 11:00 AM to 04:00 PM, while in custody. 6.

Learned State counsel, while opposing the petition, has submitted that the petitioner had earlier been involved in two other cases for offences under IPC though he is not involved in any case under NDPS Act. It has thus been submitted by learned State counsel that the order passed by the Trial Court perfectly justified and the petitioner would be able to attend the marriage of his daughter and to perform the necessary ceremonies in connection with the same.

7.

This Court has considered rival submissions addressed before this Court. 8.

It is a case where the petitioner is alleged to have been found in possession of 144 kilograms of 'poppy husk'. The petitioner as on date has been behind bars since the last about 6 months. He is not stated to be involved in any other case under NDPS Act. Needless to mention that the petitioner being father of Tarana would be required to not only participate in the marriage to perform necessary rites and ceremonies, but he would also be required to make several arrangements in connection with marriage of his daughter. Under these circumstances particularly the fact that the petitioner is not stated to be involved in any other case under NDPS Act though he is stated to be earlier involved in two other FIRs i.e. FIR No.43, dated 26.2.2020 registered at Police Station Sadar Jind, under Sections 366, 402 of Indian Penal Code & FIR No.357, dated 28.12.2003 registered at Police Station Meham, District Rohtak, under Sections 279, 337 and 304-A of Indian Penal Code and that the petitioner asserts that he stands acquitted in both the

( 3 ) aforesaid cases, this Court is of the opinion that the petitioner can be permitted to be released on interim bail.

9.

The instant petition, as such, is allowed and the petitioner is ordered to be released on interim bail forthwith upto 11.12.2024, subject to his furnishing bail bonds/surety bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate concerned.

10.

The petitioner, after availing interim bail, shall surrender before the Jail Authorities on the morning of 12.12.2024 by 10:00 A.M. 2.12.2024 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No