Petitioner sought permission to visit his dying wife held in police custody. The court, considering medical evidence and state consent, directed police custody visitation.
Petitioner permitted to visit wife under police custody for two days in native village.
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CRM-M No.11154 of 2011
1
In the High Court of Punjab and Haryana, Chandigarh.
CRM-M No.11154 of 2011 (O&M)
Date of Decision: 26.04.2011
Bahadur Singh
....Petitioner
Versus State of Punjab
....Respondents.
Coram:- Hon'ble Mr. Justice Alok Singh
Present: Mr. Ajay Malik, Advocate for the petitioner.
Ms. Bhavna Gupta, D.A.G., Punjab for the State.
Alok Singh, J (Oral).
On 18.4.2011, this Court has passed the following order:-
“Learned counsel for the petitioner states that since petitioner's
wife is suffering from cancer and as per medical advice she
may not live longer and have very short span, therefore, the petitioner be permitted to visit his wife under the police custody.
Notice of motion.
CRM-M No.11154 of 2011
2
On being as asked Mr. K.D. Sachdeva, Addl. A.G., Punjab accepts notice on behalf of State.
List on 26.4.2011.”
Learned Deputy Advocate General, Punjab on the instructions of ASI Gurjant Singh has stated that police has verified and has found that the petitioner's wife is seriously ailing from cancer and she has been discharged from the hospital. She has further stated that as per the medical opinion given by the doctor, petitioner's wife may die at any time.
Learned counsel for the State states that petitioner may be permitted to visit his wife under police custody.
Considering totality of the facts and circumstances of the case and keeping in mind the consent of learned counsel for the State, I direct that petitioner be taken to his native village to meet his wife in the police custody. Petitioner shall be allowed to remain in the company of his wife for two days (excluding the time of journey).
Petition stands disposed of.
( Alok Singh ) Judge
26.04.2011 sk.
1 issue framed by the court
Whether the petitioner may be permitted to visit his terminally ill wife under police custody?
Bahadur Singh
State of Punjab
Alok Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
