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Satgur Singh @ Satguru vs State Of Haryana

Punjab And Haryana At Chandigarh · Decided on 8 April 2022 · Citation: (2022) 04 P&H CK 0037

HON’BLE JUDGES
Gurvinder Singh Gill, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 22(c) · Indian Penal Code, 1860 — Section 269 · Disaster Management Act, 2005 — Section 51B
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 15212 Of 2022 (O&M)
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Judgment

10 paragraphs · 439 words

Gurvinder Singh Gill, J

1.

This order shall dispose of the aforesaid petition moved on behalf of the petitioner seeking grant of interim bail for a period of 10 days in respect of FIR No.200 dated 16.5.2021, Police Station City Tohana, District Fatehabad under Section 22(c) of Narcotic Drugs & Psychotropic Substances Act, Section 269 of Indian Penal Code and Section 51-B of Disaster Management Act, 2005 so as to participate in the marriage of his niece

2.

The matter was initially taken up in the pre-lunch session, when the following order was passed:

“The petitioner has approached this Court seeking grant of interim regular bail for 10 days on the ground that marriage of his niece is to be solemnized tomorrow i.e. on 9.4.2022.

Notice of motion to the respondent-State of Haryana.

On asking of the Court, Mr. Rahul Mohan, DAG, Haryana, upon whom an advance copy of petition had already been served accepts notice on behalf of the respondent-State.

The State to seek information, if conveniently possible, today itself as regards the assertions of the petitioner regarding the factum of marriage of his niece and also as regards his assertion that there is none else in the maternal family of petitioner’s niece as well as assertion of the petitioner to the effect that he is not involved in any other case.

The matter be taken up after lunch.

3.

When the matter was taken up again after lunch, the learned State counsel, upon instructions from Sub Inspector Pawan Kumar, stated that the assertions of the petitioner regarding marriage of his niece have been verified to be correct and that the marriage of petitioner’s niece is to be solemnized on 10.4.2022. It has further been informed that even the assertion regarding there being no other male member in the maternal family of petitioner’s niece has also been verified to be correct. Learned State counsel has also informed that the petitioner is not involved in any other case.

4.

In view of the aforestated position, particularly the fact that the petitioner is not stated to be involved in any other case and would be required to participate in the marriage of his niece being the only person from maternal family of petitioner’s niece, the petition is allowed and the petitioner is ordered to be released on interim bail for a period of 7 days commencing from the morning of 9.4.2022 to 15.4.2022, subject to his furnishing bail bonds and heavy surety bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate concerned. The petitioner, after availing interim bail, shall surrender before the Jail Authorities on the morning of 16.4.2022.