Malkeet Singh @ Kuldeep @ Baljeet vs State Of Haryana
2021 Latest Caselaw 3010 P&H

CRM-M-44372-2021                                                       1

        IN THE HIGH COURT OF PUNJAB & HARYANA AT
                      CHANDIGARH

                                              CRM-M-44372-2021
                                              Date of decision : 22.10.2021

Malkeet Singh @ Kuldeep @ Baljeet

                                                     ... Petitioner

                   Versus

State of Haryana

                                                     ... Respondent

CORAM:       HON'BLE MR. JUSTICE VIKAS BAHL

Present:     Mr.Harpreet Singh Dandiwal, Advocate
             for the petitioner.

             Mr.Gurmeet Singh, AAG, Haryana.

                                 (Through Video Conferencing)

VIKAS BAHL, J.(ORAL)

This is the third petition filed under Section 439 of the Cr.P.C.

for grant of regular bail to the petitioner in FIR no.0282 dated 03.11.2019

registered under Section 22-C/61/85 of the NDPS Act (Section 27-A/61/85

NDPS Act added later) at Police Station Sadar Ratia, District Fatehabad,

with a further prayer for interim relief / interim bail for the purpose of

attending marriage of real brother of the petitioner.

Learned counsel for the petitioner, at the outset, has submitted

that the petitioner would only be pressing for interim bail. The prayer for

regular bail is, thus, withdrawn.

Learned counsel for the petitioner has submitted that the

petitioner deserves concession of interim bail as the brother of the petitioner

namely Surjit Singh is getting married to Mamta Rani at village Reond

Kalan (Mansa) and the ceremonies for the said marriage are to be performed 1 of 4

on two days, i.e. 24.10.2021 and 25.10.2021. On 25.10.2021 the wedding is

to take place and for the said purpose, the time for departure of barat has

been kept at 9.00 AM. The venue for the same is Sarari Niwas, Village

Reond Kalan (Mansa). The said facts are apparent from the document

Annexure P-3.

Learned counsel for the petitioner has further submitted that

father of the petitioner and Surjit Singh had died on 21.02.2002 and for the

said purpose, he has referred to the death certificate dated 05.03.2002.

Learned counsel for the petitioner has relied upon a judgment of co-

ordinate Bench of this Court dated 28.11.2018 passed in CRM-M-50138-

2018 titled as "Amit Doda vs. State of Punjab", in support of his

arguments.

Notice of motion.

Learned State counsel, who has advance notice of the petition,

has opposed the prayer for interim bail. It has been submitted that the

present case pertains to a case of recovery of commercial quantity of

contraband and the petitioner is the main accused. It has further been

submitted that there are two other criminal cases against the petitioner under

the NDPS Act. It is, thus, submitted that in case the petitioner is granted

interim bail, there is every likelihood that the petitioner may abscond.

This Court has considered the arguments of learned counsel for

the parties.

Surjit Singh is stated to be real brother of the petitioner. From

the document Annexure P-3, it prima-facie appears that the marriage of

Surjit Singh is to be performed on 25.10.2021 and the departure of barat is

at 9.00 AM and the venue for the same is Sarari Niwas at village Reond

2 of 4

Kalan (Mansa). The father of the petitioner as well as Surjit Singh is no

more living. In Amit Doda's case (supra) relied upon by learned counsel for

the petitioner, the elder brother (cousin) was granted interim bail to attend

the wedding of his cousin. However, keeping in view the fact that the

petitioner is involved in a case of recovery of commercial quantity of

contraband and the petitioner is the main accused in the present case and

there are two other criminal cases under the NDPS Act against him, this

Court deems it fit to allow interim bail to the petitioner only from 8.00 AM

on 25.10.2021 to 5.30 PM on 25.10.2021. The petitioner would be taken in

police custody from Central Jail, Hisar-I at 8.00 AM on 25.10.2021 to

village Reond Kalan, Mansa and would attend the wedding ceremonies on

25.10.2021 from 8.30 AM to 5.00 PM in police custody and would be

brought back in police custody to the Central Jail, Hisar-I by 5.30 PM. The

petitioner is further directed to fully cooperate with the police while being

taken to the venue and also being taken back from the venue.

Since the present petition has been taken up after a request for

fixed today has been made by learned counsel for the petitioner and the

marriage function is also stated by learned counsel for the petitioner to be

held on 24th and 25th October, 2021, in view of the urgency of the matter, it

would not be possible to verify the fact as to whether the marriage ceremony

is actually taking place at the said place on 25.10.2021. Thus, the concerned

Jail Officer, Central Jail, Hisar-I, is directed to verify the fact as to whether

the marriage of the brother of the petitioner is to take place on 25.10.2021 at

the Venue of Sarari Niwas at village Reond Kalan (Mansa) and in case it is

found that the said marriage is to take place, then the benefit of order which

has been passed, be given to the petitioner. However, in case it is found that

3 of 4

no such marriage ceremony is to take place, then the present petition would

be deemed to have been dismissed.

Disposed of in the above terms.

Copy of this order be sent to the Central Jail Superintendent,

Hisar-I, through e-mail.

                                                     (VIKAS BAHL)
                                                        JUDGE

October 22, 2021
Davinder Kumar

                 Whether speaking / reasoned                     Yes/No
                 Whether reportable                              Yes/No




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