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Judgment
21 paragraphs · 350 wordsSuvir Sehgal, J
CRM-44296-2021
Exemption, as sought, is granted.
Application is allowed.
This is the second petition filed under Section 482 read with Section 439 of Code of Criminal Procedure, 1973 for grant of interim regular bail for a
period of one month in FIR No.26 dated 14.03.2017, registered for offences under Sections 148, 149, 285, 302, 364 and 452 of Indian Penal Code,
1860 and Section 25 of Arms Act, 1959, at Police Station Mansa Devi Complex, Panchkula (Annexure P-1).
Learned Senior Counsel has submitted that the petitioner was earlier released on an interim bail by this Court vide order dated 22.12.2020 passed in
CRM-M-30757-2020 for a period of two months, which was extended by one month by order dated 17.02.2021. Counsel submits that there is no
report of misuse of the concession granted to the petitioner. He submits that during the period when the petitioner was released in the years 2020-
2021, his sister got married but the post marriage function could not be held due to Covid restrictions. He has made a reference to the Invitation Card
(Annexure P-3) to submit that Path Sri Sukhmani Saheb is scheduled for 31.01.2022 and Reception ceremony is on 02.02.2022.
Vide order dated 22.12.2021, this Court issued notice to the State and directed it to verify the Invitation Card (Annexure P-3) and to file an affidavit.
Affidavit of Assistant Commission of Police, Panchkula/III has been filed on behalf of the respondent-State, whereby after recording the statement of
the Municipal Councilor of Kharar, Nambardar of the village, Manager of the Resort as well as other residents of the village, it has been ascertained
that the functions are scheduled for the said dates.
Heard counsel for the parties.
Considering the fact that the presence of the petitioner is necessary on both the days, this Court deems it appropriate to release the petitioner on
interim bail for a period of two weeks on the same terms as specified in the order dated 22.12.2020. The period of two weeks will start from the date,
the petitioner is released on interim bail.
Petition is disposed of.
