Allowed¶20

Virender Singh v. State of Haryana

Punjab & Haryana HC21 Feb 2025CRM-M/4709/2025

Case brief

AI extract

What is this about?

Keywords: interim regular bail; humanitarian grounds; medical emergency of mother; spine surgery (canal decompression and discectomy); diffuse disc bulge with nerve compression and canal stenosis; Sections 376(2)(n), 376(3) & 506 IPC; Section 6 POCSO Act; FIR No.56 dated 16.05.2023; Police Station Women Assandh, District Karnal; status report dated 03.02.2025; Annexure R-1 doctor's opinion; bail bonds/surety bonds; surrender condition; CRM-M-4709-2025(O&M); decided 21.02.2025; Justice Kirti Singh.

What did the court decide?

Interim bail for 02 weeks from the date of actual release, on furnishing bail bonds/surety bonds to the satisfaction of the learned Trial Court/Duty Magistrate concerned, on such terms and conditions as may be imposed, with mandatory surrender before the concerned Jail immediately after expiry of the period. ¶20

Virender Singh Vs State of Haryana — Child Sexual Offences (POCSO) | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the petitioner, an undertrial in FIR No.56 dated 16.05.2023 (Sections 376(2)(n), 376(3) & 506 IPC and Section 6 of POCSO Act, PS Women Assandh, Karnal), should be granted interim regular bail on humanitarian grounds to care for his ailing mother who has to undergo spine surgery.

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Court's answer

The petition stands allowed: the petitioner is granted interim bail for a period of 02 weeks from the date of his actual release, on furnishing bail bonds/surety bonds to the satisfaction of the learned Trial Court/Duty Magistrate concerned, on such terms and conditions as may be imposed.

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Ratio / Principle

After expiry of the two-week interim bail period, the petitioner shall surrender before the concerned Jail immediately.

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Key takeaways

Pending application(s), if any, stand disposed of accordingly.ratio¶22

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Kirti Singh, J., oral) allowed an interim regular bail petition and granted interim bail for 02 weeks — shorter than the one month sought — to Virender Singh, an undertrial in FIR No.56 dated 16.05.2023 (Sections 376(2)(n), 376(3) & 506 IPC; Section 6 of POCSO Act) registered at Police Station Women Assandh, District Karnal, solely on humanitarian grounds: as sole male member of his family (father deceased 02.06.2013, minor younger sister), he needed to care for his mother Harjinder Kaur, who requires canal decompression and discectomy spine surgery. The medical facts were verified by the State in its status report dated 03.02.2025 (doctor's opinion annexed as R-1). Release is conditional on bail/surety bonds to the satisfaction of the Trial Court/Duty Magistrate, with immediate surrender to jail on expiry of the period; pending applications disposed of accordingly.

¶1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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218

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CRM-M-4709-2025(O&M) Decided on : 21.02.2025

VIRENDER SINGH

. . . Petitioner(s)

Versus

STATE OF HARYANA . . . Respondent(s)

¶8

CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

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PRESENT: Mr. Puran Singh Hundal, Senior Advocate with Mr. Gursahib Singh Hundal, Advcoate for the petitioner(s).

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Mr. Brijesh Sharma, AAG, Haryana.

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¶12

KIRTI SINGH, J. (Oral)

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The instant petition has been filed for grant of interim regular bail for a period of one month in case FIR No.56 dated 16.05.2023 under Sections 376(2)(n), 376(3) & 506 IPC and Section 6 of POCSO Act, registered at Police Station Women Assandh, District Karnal for enabling the petitioner to take care of his ailing mother who has to undergo surgery of spine.

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Learned senior counsel for the petitioner submits that the petitioner is the sole male member of his family. His father passed away on 02.06.2013, and he has a minor younger sister. It is further submitted that the petitioner’s mother is suffering from severe spinal pain, and doctors have recommended canal decompression and discectomy surgery.

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Learned State Counsel relied upon status report dated 03.02.2025 wherein the above-stated factual aspect has been verified. The relevant Para of said report reads as under:

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“That in compliance of order passed by this Hon'ble Court, it is KAVITA NAIN 2025.02.21 16:46I attest to the accuracy and submitted that SI ParveenLata, Police Station Women Assandh had integrity of this document order/judgment

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CRM-M-4709-2025(O&M)

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- 2 -

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visited at Kalpana Chawla Government Medical College and Hospital, Karnal and moved an application before Medical Officer, about the medical condition of Harjinder Kaur W/o Kulwinder Singh (mother of the petitioner), in which doctor has given in writing that as per previous document record shown to him today. The patient is suffering from diffuse disbulger wit nerve compression L1- L2, L2L3, L3- 14, L3- L4 and L4- uJ canal stenosis. She was planned for canal decompressio. And discectomy (surgery) dated 28.11.2024 OPD No. (416000068450). Opinion of doctor is attached as Annexure R-1 for the kind perusal of this Hon'ble Court.”

¶20

Accordingly, the petition stands allowed and petitioner is granted interim bail for a period of 02 weeks from the date of his actual release, on his furnishing bail bonds/surety bonds to the satisfaction of the learned Trial Court/Duty Magistrate concerned, on such terms and conditions as may be imposed.

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Needless to say that after the expiry of said period, the petitioner shall surrender before the concerned Jail immediately.

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Pending application(s), if any, also stands disposed of accordingly.

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(KIRTI SINGH) JUDGE

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21.02.2025 Kavita

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Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

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KAVITA NAIN 2025.02.21 16:46 I attest to the accuracy and integrity of this document order/judgment

Virender Singh v. State of Haryana

Case brief

What is this about?

What did the court decide?

Virender Singh v. State of Haryana

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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