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2014 DIGILAW 150 (HP)

Chanchala Devi v. State of H. P.

2014-03-04

DHARAM CHAND CHAUDHARY

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JUDGMENT : - Dharam Chand Chaudhary, J. (oral). Complaint is that the presence of the accused-petitioner is essentially required to attend the ceremony of ‘Chaturvarshik Shardh’ of her husband, however, an application, Annexure P-1, she filed under Section 439 Cr.P.C. for the grant of bail on this ground has been adjourned by learned Additional Sessions Judge-III, Kangra at Dharamshala, to 18th March, 2014, in a cursory manner. Hence, this petition for direction to the respondent to allow her to perform the ceremony of ‘Chaturvarshik Shardh’ in respect of her deceased husband Rattan Chand. issued in the exercise of inherent powers vested in this Court under Section 482 Cr.P.C. read with Article 227 of the Constitution of India. 3. The grouse that the application for the grant of bail has been adjourned by learned Additional Sessions Judge-III, Kangra at Dharamshala to a date after ‘Chaturvarshik Shardh’ of her husband, however, is absolutely justified for the reason that the adjournment of the application to a date after 9th march, 2014 shall render the same infructuous. Otherwise also an application for the grant of bail cannot be adjourned to such a long date and such practice should rather be deprecated. 4. Learned Additional Sessions Judge should have not adjourned the bail application to such a long date and rather disposed it of promptly and at an early date. The disposal of a bail application at an early date would not only facilitate the administration of justice but also save the judicial officer seized of an application of this nature from being maligned on account of adjournment of the application to a long date and inviting unnecessary criticism on this score. 5. In view of the above, this petition is disposed of with a direction to learned Additional Sessions Judge-III, Kangra at Dharamshala to prepone the date of the application March, 2014 to 6th March, 2014 and dispose it of in accordance with law, on that day itself and in any case well before 9th March, 2014. Pending application, if any, shall also stand disposed of. 6. An authenticated copy of this judgment to the parties and also to learned Additional Sessions Judge-III, Kangra at Dharamshala for compliance.