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2023 DIGILAW 2165 (PNJ)

Preet @ Maru v. U. T. Chandigarh

2023-07-13

KULDEEP TIWARI, SURESHWAR THAKUR

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JUDGMENT Kuldeep Tiwari, J. The applicant-appellant No.1, namely, Preet @ Maru has sought interim suspension of sentence for releasing him on interim bail on the ground that his wife is at advance stage of pregnancy and the expected date of delivery is 1.8.2023. 2. The applicant-appellant No.1 along with other co-accused has been convicted for the commission of offences punishable under Sections 148, 341, 323, 324, 506 and 302 read with Section 149 IPC and sentenced him as under:- Section 148 read with Section 149 IPC One year rigorous imprisonment and fine of Rs.1,000/- each. In default of payment of fine, convicts shall further undergo rigorous imprisonment for two months each. Section 341 read with Section 149 IPC One month simple imprisonment. Section 323 read with Section 149 IPC Six months rigorous imprisonment and fine of Rs.500/- each. In default of payment of fine, convicts shall further undergo rigorous imprisonment for one month each. Section 324 read with Section 149 IPC One year rigorous imprisonment and fine of Rs.1,000/- each. In default of payment of fine, convicts shall further undergo rigorous imprisonment for two months each. Section 506 read with Section 149 IPC One year rigorous imprisonment and fine of Rs.1,000/- each. In default of payment of fine, convicts shall further undergo rigorous imprisonment for two months each. Section 302 read with Section 149 IPC Imprisonment for life and fine of Rs.25,000/- each. In default of payment of fine, convicts shall further undergo rigorous imprisonment for one year each. All the sentences were ordered to run concurrently. 3. Learned counsel for the applicant-appellant submits that the wife of the applicant-appellant No.1 needs personal care at the time of delivery as she is living with his old parents, who are unable to take care of her. It is also submitted that earlier also the applicant-appellant No.1 was released on parole for 2-3 times and he surrendered before the Jail Authorities within the stipulated period. He has never misused the concession of bail. 4. Upon notice, learned counsel for the UT, Chandigarh has filed a short reply through Inspector Neeraj Sarna, Belt No.308/CHG, Police Station Manimajra, UT, Chandigarh. According to the status report, the wife of the applicant-appellant No.1 has a pregnancy of 9 months and the date of delivery has been given by the doctor as 1.8.2023. The verification report of SI Amrik Singh is also attached with the status report. According to the status report, the wife of the applicant-appellant No.1 has a pregnancy of 9 months and the date of delivery has been given by the doctor as 1.8.2023. The verification report of SI Amrik Singh is also attached with the status report. 5. Considering the above facts and circumstances, we deem it fit and appropriate to grant interim bail to applicant-appellant No.1 enabling him to look after his pregnant wife. 6. In view of the above, the present application is allowed and the applicant-appellant No.1 is ordered to be released on interim bail for a period of two weeks subject to his furnishing bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate concerned. He shall be released on interim bail on 29.7.2023 with the direction to surrender himself before the jail authorities concerned, on 12.8.2023 at 10.00 a.m. sharp. 7. In case, the applicant-appellant No.1 fails to surrender before the jail authorities on the above date and time fixed, then the SHO concerned, is at liberty to arrest the applicant-appellant No.1 and to produce him before the trial Court concerned.