Citation : 2023 Latest Caselaw 19979 P&H
Judgement Date : 17 November, 2023
114 2023: PHHC: 146533 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-57812-2023 Date of Decision: 17.11.2023 UDAY SINGH ....Petitioner VERSUS STATE OF PUNJAB ....Respondent CORAM: HON'BLE MR. JUSTICE VIKAS SURI Present: Ms. Shubreet Kaur, Advocate for the petitioner. Mr. Jashandeep Singh AAG, Punjab. 2 3 2K ok VIKAS SURI, J. (Oral)
1. Petitioner herein seeks his release on interim regular bail
for a period of one month due to breavement in the family, pending trial in case FIR No.151 dated 12.10.2014 under Sections 302, 201, 148, 149 and 120-B IPC registered at Police Station Sarhali, District Tarn Taran.
2. It is pleaded that grandmother of the petitioner passed away on 11.11.2023 and her bhog alongwith other ceremonies are scheduled for 20.11.2023. It is submitted that petitioner's grandfather, father and paternal uncle have pre-deceased his grandmother and petitioner is the eldest surviving male member in the family.
3. Upon notice, Mr. Jashandeep Singh AAG, Punjab, has got the aforesaid factual position verified and on instructions from ASI Gurdial Singh, Police Station Sarhali, District Tarn Taran,
confirmed the demise of petitioner's grandmother and the bhog
SANGEETA
2023.11.17 18:32
I attest to the accuracy and authenticity of this order/judgment
CRM-M-57812-2023 -2- 2023:PHHC: 146533 ceremony scheduled for 20.11.2023. Custody certificate of the petitioner dated 15.11.2023 has also been filed in Court, which is taken on record. It is submitted that petitioner was earlier declared as proclaimed offender vide order dated 19.01.2015. It is not disputed that the petitioner had surrendered of his own on 10.08.2018 and has been in custody since then. Petitioner has undergone 05 years 03 months and 06 days of actual custody as per the custody certificate.
4. Heard counsel for the parties.
5. Considering the aforesaid facts and that last rites having been scheduled for 20.11.2023 coupled with the fact that the petitioner of his own volition had surrendered on 10.08.2018 and has been in custody since then, the present petition deserves to be partly accepted.
6. Resultantly, petitioner is ordered to be released on interim regular bail for a period of two weeks from the date of his actual release, if not required in any other case, on his furnishing adequate bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned
7. On completion of the aforesaid period of interim bail, petitioner shall surrender back before the concerned jail authorities on
the 16" day of his actual release at 4 P.M.
8. Disposed of.
(VIKAS SURI) November 17, 2023 JUDGE Sangeeta
Whether reasoned/speaking: Yes/No Whether reportable: Yes/No
SANGEETA
2023.11.17 18:32
I attest to the accuracy and authenticity of this order/judgment
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