AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
7 paragraphs · 406 wordsR.S. Mongia, J. (Oral)
This application was moved on October 13, 1999 by one of the appellants namely Braham Parkash son of Bhoop Singh, which came up for hearing before us yesterday i.e. October 14, 1999 and we had issued notice to Advocate General, Haryana for today.
The applicantappellant is undergoing life sentence after having been convicted by the trial court under Section 302 of the Indian Penal Code. The application has been made for releasing the applicantappellant on interim bail to enable him to appear in two papers of LL.B. Ist Year held by Maharshi Dayanand Saraswati University, Ajmer. Petitioner had earlier appeared in the said examination but could not clear two papers. The two papers, as per the application, were/are to be held on 15th and 22nd October, 1999.
While the matter was put up before us yesterday i.e. October 14, 1999, we were of the view that no purpose would be served by granting interim bail as by no stretch of imagination, even if we were to grant interim bail, the petitioner could appear in the examination which was to be held today i.e. October 15, 1999. The centre of applicantappellant is at Hanumangarh (Rajasthan) and he is confined in District Jail, Gurgaon. However, the learned counsel for the applicantappellant had submitted that if interim bail is granted, in any case the applicantappellant can appear in the paper which is to take place on October 22, 1999. Accordingly, we had issued notice to Advocate General, Haryana.
We have heard the counsel for the parties. We are of the view that since it is the question of career of the applicantappellant and if he is allowed to appear in one paper and he clears that he would only be left with one paper which was to take place today. Consequently, we grant interim bail to the applicantappellant till October 23, 1999. He would surrender himself in District Jail, Gurgaon on October 24, 1999 at 10.00 a.m. The interim bail is granted to the satisfaction of Chief Judicial Magistrate, Gurgaon. An undertaking would be taken from the applicantappellant that he would surrender in District Jail, Gurgaon on October 24, 1999 at 10.00 a.m. The jail authorities at Gurgaon would take the applicantappellant to the Court of Chief Judicial Magistrate, when required for this purpose.
Certified copy of this order be given to the counsel for the applicant appellant today.
Application allowed.