Criminal Misc. No. M-3844 of 2009 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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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.
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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
Criminal Misc. No. M-3844 of 2009 (O&M) -2-
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 ( HARBANS LAL ) renu JUDGE Whether to be referred to the Reporter? No