Zile Singh Vs. State of Haryana and Others - Court Judgment

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-564-2014 Date of decision:16.04.2014 Zile Singh ...Petitioner Versus State of Haryana & others ...Respondents CORAM: HON'BLE Mr.JUSTICE JASPAL SINGH HON'BLE Mr.JUSTICE HARINDER SINGH SIDHU Present: Mr.Ashish Yadav, Advocate for the petitioner.

Ms.Shalini Attri, Deputy Advocate General, Haryana, for the respondents-State.

Jaspal Singh, J.(Oral) Through this petition moved under Article 226 of the Constitution of India, petitioner-Zile Singh son of Ram Kishan, resident of Village Kapardia, Tehsil Behrod, District Alwar, Rajasthan, has sought temporary release from jail under Section 3(1) (d) of the Haryana Good Conduct Prisoner's (Temporary Release) Amendment Act 2012, for a period of four weeks' on the ground that he has to perform his marriage on April 18, 2014.

2.

The petitioner is a convict in a case FIR No.329, dated 01.08.2007 under Sections 302, 120-B IPC and 201 IPC, registered at Police Station DLF, Sector 29, Gurgaon.

3.

A report from the State of Haryana was sought.

In response to which affidavit of Sh.

Ramesh Kumar, Deputy Superintendent, District Jail, Gurgaon has been furnished along with the facts of custody period and pendency of other cases.

However, on instructions from the police official, who is present in Court, Sonika 2014.04.17 17:17 I attest to the accuracy and integrity of this document Chandigarh CRWP-564-2014 --2-- learned counsel for the State submits that the marriage and other ceremonies of the petitioner are fixed as mentioned in the invitation card.

4.

No doubt, a case was registered bearing FIR No.106/2012, under Sections 223/224 of the Indian Penal Code at Police Station Bhondsi, as the petitioner allegedly escaped, the matter is still pending, in which, he is already on bail.

5.

Since the marriage of the petitioner is to be performed, his presence is necessary at the time of various ceremonies of the marriage.

So, petition under consideration is allowed and he is ordered to be released on interim bail for the period w.e.f.17.04.2014 to 20.04.2014, subject to his furnishing surety bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Gurgaon with further direction to the petitioner to surrender before Superintendent, District Jail, Gurgaon on April 20, 2014 at 6 :00 p.m.A copy of the order be given under the signatures of Reader of this Bench.

(JASPAL SINGH) JUDGE (HARINDER SINGH SIDHU) JUDGE1604.2014 sonika Sonika 2014.04.17 17:17 I attest to the accuracy and integrity of this document Chandigarh