IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-23616 of 2008 Date of Decision: November 11, 2008 Sunita Duhan … Petitioner Versus State of Haryana and others. … Respondents CORAM: HON’BLE MR. JUSTICE S.D. ANAND Present : Mr. Jagjit Gill, Advocate, for the petitioner. Mr. S.S. Mor, Sr. DAG, Haryana. **** S.D. Anand, J. The petitioner has applied for the release of her brother-in-law (Devar) – Surender @ Sonu son of Sh. Tara Chand, a lifer, lodged in District Jail, Gurgaon, in case FIR No. 382 dated 25.11.1996, under Sections 302, 120-B of the Indian Penal Code, to enable him to marry the petitioner whose husband unfortunately died and the petitioner is living in the village with her three minor children (one daughter and two sons) whom she had given birth from the lions her deceased husband. Her Crl. Misc. No. M-23616 of 2008 parents-in-law are also dead. There is none in the family to look after the agricultural holding in the village. She is to marry her Devar in accord with a custom permitting a Karewa marriage of the indicated category. The learned State counsel contests the plea by indicating that the prisoner aforementioned had faced trial in as many as 24 cases and further as many as 4 cases are pending against him, though he is on bail on those cases. Yet another averment is that he stands convicted in three cases (FIR No. 382/96, under Section 302 IPC, Police Station Sadar Sonepat, FIR No. 354/99, under Sections 420, 467, 468, 471 IPC and FIR No. 52/98, under Sections 365, 364-A, 392, 212, 120-B IPC, Police Station Model Town, Delhi). The release of parole of Surender @ Sonu may not be a legally feasible proposition in the light of the facts indicated by the State counsel. At the same time, there has to be an order which enables the petitioner to enter into a Karewa marriage with Surender @ Sonu. The petition shall stand disposed of with a direction to the District Magistrate concerned, to fix up a date on which the Registrar of Marriages, would be directed to go to the jail and register the marriage between the petitioner and Surender @ Sonu. 2 Crl. Misc. No. M-23616 of 2008 November 11, 2008 ( S.D. Anand ) vkd Judge 3