Punjab-Haryana High Court
Sandeep Son Of Dev Raj vs State Of Haryana on 7 December, 2011
CRM No.65661 of 2011 in
CRA D-210-DB of 2011
Sandeep son of Dev Raj Versus State of Haryana
Present : Mr. R.K. Bagga, Advocate for the applicant/appellant.
Mr. H.S. Sran, Addl. AG, Haryana.
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The Crl. Misc. application has been filed by the applicant/appellant Sandeep son of Dev Raj for interim bail for three weeks so as to enable him to manage as well as participate in the marriage of his real brother namely Pritam which is to be solemnized on 09.12.2011.
Learned counsel appearing for the applicant/appellant submits that though in respect of marriage of near relations, temporary release by way of parole can be granted to the applicant/appellant. However, in view of Rule 4 of the Haryana Good Conduct Prisoners (Temporary Release) Rules, 2007, he would not be entitled for grant of parole unless he has completed a period of one year after conviction. Therefore, it is prayed that the applicant/appellant be granted interim bail for three weeks.
In response, learned State counsel submits that verification regarding the marriage has been carried out by Sh. Ram Saroop, SHO Police Station Gharaunda, District Karnal and he has recorded the statements of Balwan Singh, Municipal Counsellor, Ward No.9, Gharaunda, District Karnla, Ranjit Singh and Dev Raj, father of the applicant/appellant. He has also obtained the wedding cards of the boy and the girl. In his report it has been held that Sandeep (applicant/appellant) is the youngest son of Dev Raj who is undergoing imprisonment in the present case. It is also observed that the marriage of Pritam is to be solemnized on 9.12.2011. CRM No.65661 of 2011 in [2]
CRA D-210-DB of 2011 The applicant-Sandeep (appellant) has been convicted for committing offence under Section 302 IPC and he has been sentenced to undergo imprisonment for life; besides, to pay a fine of `25,000/- and in default of payment of fine, to undergo simple imprisonment for a period of 2 years. The order of conviction and sentence was passed on 27.1.2011.
In terms of the affidavit of Sh. Sanjeev Kumar, Deputy Superintendent, District Jail, Karnal, the applicant Sandeep (appellant) has undergone imprisonment of one year, eleven months and two days as on 06.12.2011. There is no other case against him. In the facts and circumstances, it would be just and expedient that the applicant/appellant Sandeep is granted interim bail for a period of one week from the date of his release so as to manage and participate in the marriage of his brother namely Pritam.
Accordingly, the Crl. Misc. application is allowed and the applicant/appellant shall be released on interim bail for a period of one week from the date of his release subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Karnal.
(S.S. SARON) JUDGE (RAMESHWAR SINGH MALIK) JUDGE December 7, 2011 amit