IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-44616-2025 Date of decision: 22.08.2025 SOMA RANI AND ANR. ….Petitioners Versus STATE OF PUNJAB ....Respondent CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Judgepreet S. Warring, Advocate for the petitioners.

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RUPINDERJIT CHAHAL, J. (ORAL)

Instant petition has been filed under Section 483 read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying for grant of interim regular bail to the petitioners in case FIR No.91 dated 30.04.2025 registered under Sections 333, 115(2), 140(1), 351(2), 191(3), 190 of BNSS, 2023, registered at Police Station Guruharsahai, District Ferozepur (Annexure P-1), for a period of one month w.e.f. 13.08.2025 to attend ‘Bhog’ Ceremony and to perform other last rites of their son namely ‘Amandeep’, who passed away on 03.08.2025.

Learned counsel for the petitioners has submitted that the petitioners deserve concession of interim bail as their son namely Amandeep had died on 03.08.2025. He further submits that the presence of the petitioners is essential for the last rites of their deceased son-Amandeep as he was issueless and his wife had left the matrimonial home soon after the marriage and there is no other family member available to perform his last rites i.e. to perform the ‘Bhog’ ceremony and immerse ashes of their son in sacred water, making the petitioners’ presence indispensable. He further contends that the learned Trial Court had allowed their application for attending the cremation and ‘Bhog’ ceremony of the son of the petitioners.

The said fact is apparent from the document Annexures P-2 and P-3.

However, learned counsel for the petitioners has submitted that the petitioners could not attend the ‘Bhog’ ceremony of their son as the petitioners were in judicial custody and could not be brought on 13.08.2025 by the jail authorities. To support his contention he has placed on record the affidavit of the relative of the petitioners giving an undertaking that the ‘Bhog’ ceremony of son of the petitioners which was scheduled on 13.08.2025 could not be performed and last rites of the son of the petitioners is to be performed for which the presence of the petitioners is necessary.

Notice of motion.

Mr. Ravinder Singh, DAG Punjab, present in Court accepts notice on behalf of the respondent-State and has filed status report/reply by way of affidavit of Deputy Superintendent of Police (SD) Guruharsahai, District Ferozepur on behalf of respondent-State in Court today, which is taken on record. He has opposed the prayer for interim bail. However, he has not denied the fact that the ‘Bhog’ ceremony and last rites of the son of the petitioners is yet to be performed. Further, he has submitted that in case the petitioners are granted interim bail, there is every likelihood that the petitioners may abscond.

This Court has considered the arguments of learned counsel for the parties.

Deceased Amandeep is stated to be only son of the petitioners.

From the document Annexure P-2 and P-3, it prima-facie appears that the petitioners were allowed the concession of interim bail to attend the cremation and ‘Bhog’ ceremony of their deceased son, however, the ‘Bhog’ ceremony which was scheduled for 13.08.2025 could not be performed as is apparent from the affidavit submitted by the relative of the petitioners and the ashes of their deceased son are yet to be immersed in sacred water as per rituals.

Keeping in view the peculiar facts of the present case, without commenting any further on the merits, the present petition is allowed and the petitioners are ordered to be released on interim regular bail w.e.f. 26.08.2025 till 31.08.2025 subject to their furnishing bail bonds/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/CJM concerned.

The petitioners will surrender before the Central Jail, Ferozepur on 01.09.2025 at 10.00 A.M.

Copy of this order be sent to the Jail Superintendent, Central Jail, Ferozepur through e-mail