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2015 Supreme(P&H) 526

DARSHAN SINGH
Lalit Mohan – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Appellant :G.S. Nahel, Advocate
For the Respondents: Jashanpreet Singh, Assistant A.G.

Darshan Singh, J.

1. The present petition has been filed for issuance of a writ in the nature of habeas corpus under Articles 226/227 of the Constitution of India read with Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") for issuance of a roving writ for appointment of a Warrant Officer with a direction to get release the petitioner's son namely Madhav, who is in the illegal custody of respondents No. 4 to 6 as his life and liberty is in danger.

2. The petitioner was married with Poonam, the daughter of respondent No. 5. She died on 03.11.2008. Respondent No. 5 lodged the criminal case vide FIR No. 157 dated 03.11.2008 under Section 304-B of Indian Penal Code (for short "IPC"), Police Station Tapa against the petitioner, his brother and parents. The petitioner and his parents were convicted. The petitioner was sentenced to undergo rigorous imprisonment for life and his parents were sentenced to undergo rigorous imprisonment for a period of 10 years. The petitioner preferred an appeal against his conviction. During the pendency of the said appeal, his sentence was suspended vide order dated 07.04.2014. After getting bail, he contacted respondent












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