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Punjab-Haryana High Court

Bakhtavar Singh @ Bakhtawar Ram Singh ... vs State Of Punjab And Another on 16 December, 2008

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH


                                     Crl. Misc. No. M-32985 of 2008

                           Date of Decision: December 16, 2008


Bakhtavar Singh @ Bakhtawar Ram Singh Randhawa

                                                       ... Petitioner

                               Versus

State of Punjab and another.

                                                   ... Respondents


CORAM:     HON'BLE MR. JUSTICE S.D. ANAND

Present:   Mr. Jasmer Singh Verka, Advocate,
           for the petitioner.

                                ****


S.D. Anand, J. (Oral)

Crl. Misc. No. 58092 of 2008 Allowed, as prayed for.

Crl. Misc. No. M-32985 of 2008 At the very outset, the learned counsel states that he is pressing the present plea only qua the release of the petitioner - prisoner in order to be able to attend the marriage of his daughter which is scheduled for 18.12.2008.

Notice of motion.

Crl. Misc. No. M-32985 of 2008 2

On the asking of the Court, Ms. Manjari Nehru Kaul, Deputy Advocate General, Punjab, accepts notice on behalf of the State.

The petition shall stand disposed of accordingly with the following directions to the Competent Authority:-

a) The respondents shall ascertain the correctness or otherwise of the averment made by the petitioner;
b) If the factual averment is found to be correct, the petitioner shall be released on parole for a reasonable period to enable him to attend the marriage of his daughter to be solemnized on 18.12.2008. If the averment is found to be factually incorrect, the Competent Authority may pass an order to the contrary. The release shall, of course, be subject to the furnishing of adequate surety etc. by the petitioner -

prisoner.

c) The exercise shall be concluded within a reasonable period so that purpose of grant thereof is not defeated in any manner.

It will be for the State counsel to communicate the order to the Competent Authority.

Copy of the order be given to the learned counsel for the parties under the signatures of the Court Secretary.

December 16, 2008                                       ( S.D. Anand )
vkd                                                            Judge