IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anupinder Singh Grewal, J.
Major Singh - Appellant
Versus
State Of Punjab - Respondent
CRM-M-571-2022
Decided On : 10-01-2022
Interim Bail - Marriage of Daughter - The court granted interim bail to the petitioner for two weeks to attend the marriage of his daughter, considering the necessity of his presence for the ceremonies.
Fact of the Case:
The petitioner sought interim bail to attend his daughter's marriage, citing his custody for over 3 months under the NDPS Act.
Finding of the Court:
The court found that the presence of the petitioner at his daughter's marriage was necessary and granted him interim bail for two weeks to perform the ceremonies.
Issues: Interim bail for attending family event
Ratio Decidendi: The necessity of the petitioner's presence for family event and the interest of justice
Final Decision: The petition was allowed, and the petitioner was granted interim bail for two weeks to attend his daughter's marriage.
JUDGMENT
Anupinder Singh Grewal, J. (Oral) - The petitioner is seeking interim bail for a period of 3 weeks on account of the marriage of his daughter which is to take place on 16.01.2022.
2. Learned counsel for the petitioner contends that the petitioner is an under trial under in FIR No. 91 dated 15.09.2021, under Sections 15/18/25 of the NDPS Act, registered at Police Statioin Malaud, District Khanna. He is in custody for over 3 months. The allegations against the petitioner are that commercial quantity of 2 kg 600 grams of opium is recovered from him which is marginally above the commercial quantity. He further contends that the marriage of his daughter is to take place on 16.01.2022. He has referred to the copy of the invite at Annexure P-2.
Issue notice to the respondent.
3. At the asking of the court, Mr. Dhruv Dayal, Senior DAG, Punjab accepts notice on behalf of respondent. He, upon instructions from SI Charanjit Singh, states that it has been verified that the marriage of the daughter of the petitioner is to take place on 16.01.2022.
Heard.
4. The marriage of daughter of the petitioner is to take place on 16.01.2022. The presence of the petitioner would be necessary to perform various ceremonies in connection therewith. It would, therefore, be in the interest of justice, if the petitioner is granted interim bail for a period of two weeks to enable him to attend the marriage of his daughter.
5. Consequently, the petition is allowed. The petitioner would be released on interim bail by the for a period of two weeks i.e. on 11.01.2022 at 09:00 a.m. to perform the ceremonies in connection with the marriage of his daughter, subject to his furnishing requisite bonds to the satisfaction of the concerned trial court/Duty Magistrate and the petitioner shall surrender before the concerned Jail on 25.01.2022 by 05:00 p.m.
The court established that personal circumstances, such as impending marriage, can be a valid consideration for granting interim bail, even for serious offenses under the NDPS Act.
The court balanced the right to attend a family event with the concern of potential absconding, ultimately allowing attendance at the wedding for one day in police custody.
The court can exercise discretion in granting interim bail based on personal circumstances and the interest of justice, even for individuals with serious criminal convictions.
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