Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sant Parkash, J.
Mayank - Appellant
Versus
State Of Haryana - Respondent
CRM-M-5499 of 2022
Decided On : 10-02-2022
Interim Bail - Attendance at Sister's Marriage - The court granted interim bail for a week to the petitioner to attend his sister's marriage, considering the need to perform rituals and make arrangements, as well as the fact that he had already been granted bail for the same period in another case.
Fact of the Case:
The petitioner sought interim bail to attend his sister's marriage, as the one-day bail granted by the trial court was deemed insufficient for performing rituals and making arrangements.
Finding of the Court:
The court found it appropriate to grant the petitioner interim bail for a week, taking into account the need to perform rituals and make arrangements for his sister's marriage, as well as the fact that he had already been granted bail for the same period in another case.
Issues: Interim bail for attending family event, sufficiency of bail duration, compliance with conditions imposed by authorities.
Ratio Decidendi: The court considered the petitioner's familial obligations and the fact that he had already been granted bail for the same period in another case as key factors in granting the interim bail for a week.
Final Decision: The court granted the petitioner interim bail for a week, with the condition to abide by the imposed conditions and surrender before Jail authorities on the specified date.
JUDGMENT
Sant Parkash, J. - The instant petition has been filed under Section 439 Cr.P.C. read with Section 482 Cr.P.C. seeking grant of interim bail for a period of one week w.e.f. 15.02.2022 to 21.02.2022, in case FIR No.238 dated 26.10.2019, registered under Sections 302, 120-B of IPC, Sections 25, 54 and 59 of Arms Act, 1959 at Police Station Line Paar, Bahadurgarh, District Jhajjar, in order to attend sister's marriage which is scheduled to be solemnized on 18.02.2022.
2. It is submitted that the petitioner had applied for interim bail for a period of ten days before learned trial Court at Jhajjar in order to attend his sister's marriage, which is scheduled to be solemnized on 18.02.2022, but the learned trial Court vide order dated 04.02.2022 (Annexure P-2) granted interim bail for one day i.e. 18.02.2022 from 7.00 a.m. to 10.00 p.m. under police custody.It is contended that being the only brother, the petitioner has to perform certain rituals as per Hindu customs at his sister's wedding and for that purpose, duration of one day is not sufficient and he needs at least a week's time for making all the arrangements. The marriage invitation card has also been annexed at Annexure P-5 verifying the factum of marriage to be solemnized on 18.02.2022.
3. In support of his case, learned counsel would contend that the petitioner has been extended the concession of interim bail for a period of one week w.e.f. 15.02.2022 to 21.02.2022 by learned trial Court at Delhi vide order dated 05.02.2022 (Annexure P-3) and has also been granted bail in another FIR under Sections 25 and 27 of Arms Act, by learned trial Court vide order dated 27.07.2021 (Annexure P-4).
4. Heard.
5. Keeping in view the fact that the petitioner, being the only brother has to perform certain rituals and make all the arrangements of his sister's wedding, which is scheduled to be solemnized on 18.02.2022 and also that he has already been granted interim bail for a period of one week w.e.f. 15.02.2022 to 21.02.2022 by learned trial Court at Delhi vide order dated 05.02.2022 (Annexure P-3), which also verifies the factum of marriage scheduled for the said day, this Court also finds it appropriate to grant him the concession of interim bail for a period of one week w.e.f. 15.02.2022 to 21.02.2022. However, the petitioner shall abide by the conditions so imposed by the authorities concerned and will surrender before Jail authorities on 22.02.2022 till 11 a.m.Ordered accordingly.
6. Petition stands disposed of.
7. A copy of this order be supplied to learned State counsel and be also sent to the concerned Jail Superintendent for ensuring requisite compliance.
The court considered the familial obligations and previous grant of bail as significant factors in granting the interim bail for attending the sister's marriage.
The purpose of bail is reformative, allowing participation in significant family events, and denial should not be punitive.
The presence of other competent family members to handle family obligations may be considered in deciding on applications for interim bail.
The necessity of the applicant-accused's presence to perform necessary rituals in his sister's marriage ceremony was the key legal principle influencing the court's decision to grant temporary bail.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
