The High Court of Punjab and Haryana rejected the petitioner's application for interim bail, refusing to sideline compelling necessity of his pending criminal trial for marriage between the parties.
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CRM-M-10469-2014.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-10469-2014. Decided on: April 9, 2014.
Jitender Kumar @ Data
..... Petitioner(s)
Versus
State of Haryana
..... Respondent(s)
CORAM:
HON'BLE MR. JUSTICE M.M.S. BEDI
PRESENT Mr.S.S.Nara, Advocate, for the petitioner.
Mr.Jai Narain, DAG., Haryana.
Mr.N.S.Shekhawat, Advocate, for the complainant.
M.M.S. BEDI, J (ORAL).
The petitioner as a member of an unlawful assembly is alleged to have participated in the occurrence resulting in the murder of Yogesh nephew of the complainant Ranjit Singh. He was arrested on 20.5.2013. While he was in custody his marriage was fixed for 21.3.2014. It is claimed that the cards were circulated as one of the invitation card has been placed on record as Annexure P3. The petitioner was not granted the concession of interim bail by the Additional Sessions Judge, Yamunanagar, as such, now it is claimed that marriage has been extended for 12.4.2014. The challan has already been presented. An affidavit of fiancee of the petitioner has been placed on record that she is still ready to marry the petitioner.
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Raj Kumar Arora 2014.04.11 14:20 I attest to the accuracy and integrity of this document
CRM-M-10469-2014.
No doubt the fundamental right to marry is a species of right and liberty and the right does not cease to exist while a person is undertrial but keeping in view the nature of the allegations and the stage of the trial where the main prosecution witnesses have not yet been examined, it will not be prudent to grant the concession of interim temporary bail to the petitioner to enable him to marry a girl who is ready to marry the petitioner. No extra ordinary exceptional circumstances exist to release the petitioner temporarily as the liberty
of the petitioner during pendency of the trial might prejudice the liberty of the witnesses to depose as a witness. The application is dismissed.
(M.M.S. BEDI) April 9, 2014. JUDGE rka
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Raj Kumar Arora 2014.04.11 14:20 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether to grant interim bail to the petitioner for getting married during the pendency of criminal trial.
Whether the right to marry constitutes an extraordinary circumstance warranting temporary release from custody.
Jitender Kumar @ Data
State of Haryana
M.M.S. BEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
