Criminal Misc. -M No. 33832 of 2011 (1) IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc. -M No. 33832 of 2011 (O&M) Date of decision : 15.11.2011 Ishwar Lal alias Pappu .. Petitioner versus State of Punjab and another .. Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Sukhdeep Singh Sidhu, Advocate, for the petitioner. Mr. K. S. Pannu, Deputy Advocate General, Punjab. Rajesh Bindal, J. Prayer in the present petition is for grant of interim bail to the petitioner for attending the marriage of his daughter, which is to be solemnised on 26.11.2011. Earlier also the petitioner applied for interim bail by filing Criminal Misc. -M No. 30186 of 2011 Ishwar Lal @ Pappu vs State of Punjab and another on the ground that marriage ceremonies of his daughter were to be commenced from 11.10.2011 till 15.10.2011. The petition was disposed of on 5.10.2011 by this court by passing the following order:- “Prayer in the present petition is for grant of interim bail to the petitioner, who is accused in FIR No.82 dated 30.5.2010 registered under Sections 18/61/85 of N.D.P.S. Act at Police Station Sadar Malout, District Muktsar. The alleged recovery is 5 kilograms of opium. Prayer for interim bail has been made on the ground that marriage of the only daughter of the petitioner is to be solemnised. The ceremonies will commence from 11.10.2011 and continue till 15.10.2011. Learned counsel further submitted that wife of the petitioner is Criminal Misc. -M No. 33832 of 2011 (2) living separate. He only has old parents. There is none else in the family who can perform the marriage ceremonies. In support of his claim, the petitioner has placed on record certificate issued by the Gram Panchayat Badwan Janpad Panchayat, Mandsor (M.P.). Learned counsel for the State submitted that on telephone, it has been verified that marriage of the daughter of the petitioner has been fixed. Further submission is that the petitioner who is resident of Madhya Pradesh, is involved in heinous crime, he may not return back after availing the benefit of interim bail. After hearing the learned counsel for the parties and considering the ground on which interim bail is sought, in my opinion, the petitioner deserves concession of interim bail for a period of two weeks' from the date the petitioner is released from jail. Ordered accordingly. The same shall be subject to furnishing of personal bonds and surety for a sum of ` 5 lacs each to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Muktsar and additional surety of Sarpanch of Gram Panchayat, Badwan, the place to which the petitioner belongs. The petition stands disposed of.” Learned counsel for the petitioner submitted that one of the conditions imposed by this court in the order dated 5.10.2011 was to furnish additional surety of Sarpanch of Gram Panchayat, Badwan. The Sarpanch is lady of 68 years and due to her ill health she could not travel such a long distance. Due to non-compliance of the aforesaid condition, the petitioner was unable to get himself released from the jail. In the absence of her father, the daughter of the petitioner refused to perform her marriage. Thereafter, the marriage was postponed. Now the marriage is to be solemnised on 26.11.2011. Learned counsel for the petitioner submitted that instead of Sarpanch of Gram Panchayat, Badwan, the petitioner may be permitted to furnish sureties of two panches from his village. Criminal Misc. -M No. 33832 of 2011 (3) Learned counsel for the State did not dispute the fact that marriage of the daughter of the petitioner is fixed for 26.11.2011. After hearing the learned counsel for the parties and considering the ground on which interim bail is sought, in my opinion, the petitioner deserves concession of interim bail for a period of two weeks' from the date the petitioner is released from jail. Ordered accordingly. The same shall be subject to furnishing of personal bonds and surety for a sum of ` 5 lacs each to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Muktsar. Additional surety, not financial, of two panches of Gram Panchayat, Badwan, the place to which the petitioner belongs, be also furnished. The petition stands disposed of. ( Rajesh Bindal ) 15.11.2011 Judge vs