Petitioner sought emergency parole under Section 482 Cr.P.C to perform Bhat Ceremony as maternal uncle. Court dismissed petition noting petition failed to establish he was sole uncle and panchayat certificate was silent on his exclusive right.
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Criminal Misc. No. M-3844 of 2009 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-3844 of 2009 (O&M) Date of Decision:11.02.2009
Pappu @ Jaswant
.....Petitioner
Vs.
State of Haryana and others
.....Respondents
CORAM:- HON'BLE MR. JUSTICE HARBANS LAL
Present:Mr. Jagjeet Beniwal, Advocate for the petitioner.
JUDGMENT
HARBANS LAL, J.
This petition has been moved by Pappu @ Jaswant under Section 482 of Cr.P.C read with Section 3(1)(b) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 seeking his release on emergency parole for four weeks to perform the Bhat Ceremony being maternal uncle in the marriage of his sister's daughter.
The facts in brief are that the marriage of the daughter of the petitioner's sister, namely, Sunita is fixed for 17.2.2009 with Dinesh. He is the maternal uncle of the girl. So, as per the Hindu Rites and Ceremonies, it is compulsory for a maternal uncle to remain present at the time of the marriage to perform Bhat Ceremony. He is head of his family. All the management for the Bhat Ceremony is to be done by him. In these circumstances, he may be allowed parole as sought for.
I have heard the learned counsel for the petitioner.
Annexure P.2, the panchayat certificate is absolutely silent about the fact that the petitioner is the only maternal uncle of Sunita whose
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Criminal Misc. No. M-3844 of 2009 (O&M)
marriage ceremony is to be celebrated. More to the point, the petition is silent on these aspects. Thus, it is inferable that she has got other maternal uncles who can perform the stated Bhat Ceremony at the time of her marriage. Consequently, this petition is dismissed.
February 11, 2009 renu
( HARBANS LAL ) JUDGE
Whether to be referred to the Reporter? No
2 issues framed by the court
Whether the petitioner is entitled to emergency parole to perform Bhat Ceremony as maternal uncle.
Whether the panchayat certificate and petition establish that the petitioner is the only maternal uncle capable of performing the ceremony.
2 provisions across 2 enactments
Pappu @ Jaswant
State of Haryana
HARBANS LAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
