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High Court of Punjab and HaryanaCRM-M/63506/2024disposed of

Sandeep Alias Sonu v. State Of Haryana

2024-12-20Mr. Justice Sanjiv Berry3 pages

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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-63506-2024 (O&M) Date of Decision:- 20.12.2024     ....Petitioner(s)

Versus

  



...Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. Hoshiar Singh Jaswal, Advocate for the petitioner. Mr. Ramender Singh Chauhan, AAG Haryana.

***** SANJIV BERRY, J. (ORAL) 1.

The instant petition has been preferred by the petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of interim regular bail to the petitioner in the following case :- FIR No.

Dated Sections Police Station 11.11.2023 120-B, 201, 204, 302, 328, 420, 467, 468 and 471 IPC;

72(A) Excise Act, 1914;

42 of the Prisoners Act Bilaspur, District Yamuna Nagar no. 2), Mo 2.

Learned counsel for the petitioner prays for grant of interim bail to the petitioner on account of death of his father. He has also placed on record the report of Gram Panchayat Aliyaspur, Block Barara, District Ambala to state that the Dasai of deceased father of the petitioner is

-2scheduled for 22.12.2024 and Rasam Kirya is to be performed on 25.12.2024. He submits that the petitioner being the only son, be granted the concession of interim bail to attend the last rites of his father. 3.

Learned State counsel submits that the factum of death of father of the petitioner has been verified. He has also verified about the last rites of the father of the petitioner, which are going to be performed on 22.12.2024 and 25.12.2024.

4.

At this stage, learned counsel for the petitioner has not pressed for interim bail to the petitioner, however, requested that the petitioner may be allowed to be taken in custody to attend the last rites of his father on 22.12.2024 and 25.12.2024.

5.

In view of the statement, the present petition stands dismissed as withdrawn at this stage.

6.

However, considering the fact that the last rites of father of the petitioner is scheduled to be held on 22.12.2024 and 25.12.2024, purely on humanitarian grounds, the petitioner, who is lodged in District Jail, Yamuna Nagar is allowed to attend the Dasai and Rasam Kirya of his father on 22.12.2024 and 25.12.2024 respectively from 09:00 am to 05:00 pm. 7.

The Superintendent, District Jail, Yamuna Nagar is directed to make requisite arrangements for taking the petitioner in custody to his residence i.e. House No.19 Village Aliyaspur, P.O. Zaffarpur, P.S. Mulana, Barara, District Ambala, Haryana on 22.12.2024 from 09:00 am to 05:00 pm and again on 25.12.2024 from 09:00 am to 05:00 pm, so as to enable the petitioner to perform the last rites of his father, at the expense of the

-3petitioner.

8.

The Superintendent of Police, Ambala is also directed to ensure proper police guard to be provided for taking the petitioner in police custody on the aforesaid dates and to be taken back to Jail after 05:00 PM on 22.12.2024 and 25.12.2024.

9.

Disposed of.

(SANJIV BERRY) JUDGE 20.12.2024 S.Sharma(syr) i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No