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ANUPINDER SINGH GREWAL, KIRTI SINGH
Joginder Singh @ Sammi – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
1. This application has been filed seeking interim bail to the applicant/appellant.
2. Learned counsel for the applicant/appellant submits that the applicant has been convicted and sentenced to undergo rigorous imprisonment for 10 years for the commission of an offence punishable under Section 21 of the NDPS Act in FIR No.23 dated 26.10.2017. It was alleged that he was found in possession of 500 grams of heroin. He has undergone an actual sentence of 04 years and is involved in other cases. The applicant is about 24 years of age and wants to solemnize his marriage which is fixed for 12.06.2024.
3. Learned State counsel has filed the affidavit of Deputy Superintendent of Police, Special Task Force, Border Range, District Amritsar. He while referring to the affidavit submits that it has been verified that the marriage of the applicant is indeed to take place on 12.06.2024. Copies of invite are at Annexures D and E. He, however, submits that applicant is involved in 26 other cases under various provisions as stated in Para 11 of the affidavit.
4. Heard. The applicant has been convicted in the aforenoted case and he is stated to have undergone an actual sentence of 04 years. His
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.
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 has the discretion to grant interim bail based on the specific circumstances of the case, including the fact of the marriage in the close family.
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