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Judgment
18 paragraphs · 284 wordsAlka Sarin, J
Heard through video conferencing.
This is a petition under Section 439 of the Code of Criminal Procedure, 1973, for grant of interim bail for five days to the petitioner in FIR No.10,
dated 16.01.2018 under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and Section 420 of the Indian Penal Code, 1860,
registered at Police Station Sadar Jalalabad, District Fazilka.
Learned counsel for the petitioner would contend that the marriage of the petitioner’s sister is scheduled to be performed on 07.03.2021 and his
father has already expired and there is no other family member to perform the marriage rituals. A translated copy of the marriage card as well as a
Certificate from the Village Panchayat have been annexed as Annexures P/2 and P/3, respectively.
Notice of motion.
On the asking of the Court, Mr. Ajay Pal Singh Gill, DAG, Punjab, has joined the session through video conferencing and accepts notice on behalf of
the sole respondent-State.
Learned State counsel, on instructions from ASI-Gurbax Singh, has stated that the factum of marriage of the petitioner’s sister has been
confirmed. As per the custody certificate filed by learned counsel for the State, there is no other case pending against the petitioner.
In view of the above, particularly the fact that marriage of the petitioner’s sister is fixed for 07.03.2021, and without commenting on the merits of
the case, the petitioner is directed to be released on interim bail from 05.03.2021 to 09.03.2021 (both days inclusive) on his furnishing heavy surety to
the satisfaction of the Illaqa Magistrate/Trial Court/Duty Magistrate concerned. The petitioner shall surrender himself before the Jail Authorities on
10.03.2021 at 10.00 A.M.
The petition is accordingly disposed off.