Sewa Ram vs State Of Punjab
2022 Latest Caselaw 7150 P&H

CRM-M-29745-2022(O&M)                                                     -1-

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH

                                CRM-M-29745-2022(O&M)
                                Date of decision:-18.7.2022

Sewa Ram
                                                                ...Petitioner

                   Versus


State of Punjab


                                                               ...Respondent


CORAM: HON'BLE MR.JUSTICE H.S. MADAAN


Present:     Mr.Ishan Gupta, Advocate the petitioner.

             Mr.Sandeep Vermani, Addl.A.G., Punjab.


                                *****

H.S. MADAAN, J. (Oral)

1. Petitioner Sewa Ram, an accused in FIR No.291 dated

16.10.2020, under Sections 120-B, 419, 420, 170, 171, 342, 395, 411,

483, 465, 467, 468, 471 IPC read with Section 34 IPC and Sections 25

and 30 of Arms Act, registered with Police Station Bhawanigarh, District

Sangrur by way of filing the instant petition, which is 4th one under

Section 439 Cr.P.C., prays for grant of interim bail for a period of 6

months to enable him to remain with his wife Manpreet Kaur, who is

required to undergo surgery for kidney transplantation.

2. It may be mentioned here that earlier three petitions filed

filed by the petitioner for regular bail had been dismissed.

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3. The State counsel had been asked to get the assertions in the

petition verified and to file response in that regard. It has accordingly

been done. As per the report submitted by SHO P.S. Bhawanigarh, the

matter was got inquired from the village of petitioner Sewa Ram and it

came out that his parents have expired and Manpreet Kaur wife of the

petitioner had been residing in the village along with three children eldest

being daughter, namely, Anjali Masal, aged about 22 years, a student of

LLB, followed by son Mahesh Kumar, aged about 20 years, a student of

B.com. and then another son namely Asool Kumar aged about 18 years, a

student of 10+2 class. It further came out that Ms.Manpreet Kaur wife of

petitioner Sewa Ram is getting treatment from DMC Hospital, Ludhiana

for ailment relating to kidney. A report in that regard obtained from

Dr.Harmandeep Singh Chahal of DMC Hospital, Ludhiana has been

attached.

4. I have heard learned counsel for the petitioner and learned

State counsel besides going through the record.

5. This petition is to be considered on humanitarian grounds and

merits of the case are not to be looked into in terms of judgment

Surendra Pundalik Gadling Versus Senior Inspector of Police, National

Investigation Agency, Bombay (DB), Law Finder doc Id # 1861081.

6. In support of his contentions, counsel for the petitioner

further relied upon judgment Mukesh Kishanpuria Versus State of

W.B.(2010) 15 SCC 154 and Sukhwant Singh Versus State of Punjab

20-09(4) RCR(Criminal) 868.

7. The wife of the petitioner, who is to be operated upon for

kidney transplantation, the petitioner being the eldest male member may

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have to arrange finances and to make other arrangements. Further, the

presence of the petitioner with her at that time is found to be proper and

desirable to give her emotional support and boost her morale. Therefore,

although the petitioner is seeking interim bail for 6 months, but I find that

this period is on higher side. Therefore, while allowing the present

petition for grant of interim bail, it is clarified that the same would be for

the period of one month only, subject to the following terms and

conditions:

(i) The petitioner shall furnish personal bonds along with two sureties

in the like amount to the satisfaction of Chief Judicial

Magistrate/Duty Magistrate, Sangrur, undertaking to surrender at

gate of Central Jail, Patiala on expiry of period of interim bail, one

of the surety would be having documentary proof of immovable

properties equivalent or more than the surety amount within the

jurisdiction of that Court;

(ii) the petitioner shall get his presence marked at Police Station

Bhawanigarh on every Saturday between 10:00 a.m to 4:00 p.m.

and he would give in writing that he has not committed any crime

in the intervening period; and

(iii)he shall surrender his passport before the Investigating Officer, if

he has got one, otherwise he will furnish affidavit that he does not

possess any passport.

8. The period of interim bail shall start from the date when the

bonds are furnished and accepted by the Chief Judicial Magistrate/Duty

Magistrate, Sangrur. The petitioner will surrender at Central Jail, Patiala

on the expiry of period of one month after being released on interim bail.

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In addition to that the trial Court may impose any term and

condition found suitable to ensure that the petitioner does not abscond and

interfere in the trial.

18.7.2022                                           (H.S. MADAAN)
Brij                                                    JUDGE

              Whether speaking/reasoned :              Yes     No
              Whether Reportable :                     Yes     No




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