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2019 DIGILAW 504 (PNJ)

Jagdish Ram v. State of Haryana

2019-02-13

DAYA CHAUDHARY

body2019
Judgment Ms. Daya Chaudhary, J. (Oral) - This petition has been filed under Section 439 CrPC for grant of regular bail to the petitioner in case FIR No.107 dated 05.07.2016 registered under Sections 109, 111, 460, 394 read with Sections 397, 201, 411, 302, 120-B IPC at Police Station Kalka, District Panchkula during pendency of the trial. A further prayer has also been made for grant of interim bail to the petitoner under Section 167(2) Cr.P.C. to attend the marriage of his daughter, which is fixed for 19.02.2019. 2. The prayer under Section 167(2) Cr.P.C. cannot be accepted as this petition has been filed under Section 439 Cr.P.C. However, learned counsel for the petitioner has restricted her prayer for interim bail to the petitioner on the occasion of marriage of his daughter. 3. Learned State counsel on instructions from ASI Nasib Singh has affirmed the factum of marriage of daughter of the petitioner, which is scheduled to be performed on 19.02.2019 and 20.02.2019 as reflected in the marriage card annexed with the petition. 4. Presence of the petitioner being father is necessary at the time of marriage to perform certain ceremonies. 5. However, keeping in view the serious allegations levelled in the FIR and the fact that the case before the trial Court is fixed for 16.02.2019 for recording of statements of prosecution witnesses, the petition is allowed and the petitioner is directed to be released on interim bail to attend the marriage of his daughter on 19.02.2019 and 20.02.2019 but while in Police custody. The Superintendent, Jail concerned is directed to make necessary arrangements for attending the marriage by the petitioner on aforesaid dates.