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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Manjari Nehru Kaul, J.
Balwant Singh @ Satta - Petitioner - Appellant
Versus
State of Punjab - Respondent - Respondent
CRM-M No.28633 of 2023
Decided On : 05-06-2023
Interim Bail - Narcotic Drugs and Psychotropic Substances Act, 1985 - The court allowed the petitioner to attend his daughter's wedding for one day in police custody, rejecting the request for a 10-day interim bail due to the likelihood of the petitioner absconding.
Fact of the Case:
The petitioner sought interim regular bail for 10 days to attend his daughter's marriage, citing the need to be present as the father of the bride. The court noted the marriage date and the concern of the petitioner absconding.
Finding of the Court:
The court rejected the request for a 10-day interim bail but allowed the petitioner to attend the marriage for one day in police custody, with specific timings and travel arrangements.
Issues: The main issue was the petitioner's request for interim bail to attend his daughter's wedding and the concern raised by the state counsel about the likelihood of the petitioner absconding.
Ratio Decidendi: The court balanced the petitioner's request with the concern of potential absconding and decided to allow attendance at the wedding for one day in police custody, ensuring the petitioner's presence while addressing the state's apprehension.
Final Decision: The petitioner was allowed to attend his daughter's wedding for one day in police custody, with specific timings and travel arrangements, rejecting the request for a 10-day interim bail.
MANJARI NEHRU KAUL, J.
1. The petitioner is seeking the concession of interim regular bail for a period of ten days on account of marriage of his daughter, in case FIR No.157 dated 04.08.2019 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Kotwali, District Kapurthala.
2. Learned counsel for the petitioner submits that marriage of daughter of the petitioner is to be solemnized on 07.06.2023 at village Badshapur, District Kapurthala and presence of the petitioner, being father of the bride, would be required as per the rituals and customs.
3. Notice of motion.
4. Mr. Dhruv Dayal, Addl. Advocate General, Punjab, who is present in Court, accepts notice on behalf of the respondent/State. He has filed status report by way of an affidavit of Maninder Pal Singh, PPS, DSP Sub Division, Kapurthala, which is taken on record and a copy therefore supplied to the counsel opposite.
5. Learned State counsel while drawing the attention of this Court to the status report filed, submits that marriage of the daughter of the petitioner is indeed to be solemnized on 07.06.2023 at village Badshapur, District Kapurthala. He, however, submits that there could be a likelihood of the petitioner absconding.
6. I have heard learned counsel for the parties and perused the relevant material on record.
7. In view of facts and circumstances as enumerated hereinabove, this Court is not inclined to accept the prayer of the petitioner for grant of interim bail for 10 days. However, he is allowed to attend the marriage of his daughter only for 01 day i.e. 07.06.2023 in police custody. The petitioner shall be taken under police custody to the venue of the wedding i.e. village Badshapur, District Kapurthala on 07.06.2023 at 07:00 a.m. and would be escorted back to the Jail where he is presently lodged on the same day by 04:00 p.m. All travel expenses incurred by the authorities concerned, shall be borne by the petitioner.
8. The petition stands disposed of accordingly.
Order accordingly.
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.
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.
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