In the High Court of Punjab and Haryana at Chandigarh
......
Criminal Misc. No.M-8479 of 2009
.....
Date of decision:15.4.2009
Rattan Singh
.....Petitioner
v.
State of Haryana
.....Respondent
....
Present: Mr. V.S. Rana, Advocate for the petitioner.
Mr. Ajay Singh Ghangas, Deputy Advocate General, Haryana
for the respondent-State.
.....
S.S. Saron, J.
Heard learned counsel for the parties.
The application seeking regular bail filed by the petitioner was
dismissed by this Court on 26.2.2009. The petitioner now seeks bail as an
interim measure for 15 days to look after his ailing wife, who is admitted in
General Hospital, Hisar. It is submitted that the wife of the petitioner is to
be operated because of fracture of Femur.
Learned counsel for the State has submitted that there are other
family members who can look after the wife of the petitioner. Besides, the
petitioner is alleged to have committed a heinous crime and, therefore, is
not entitled for bail even as an interim measure.
I have given my thoughtful consideration to the matter. The
bed-head ticket (Annexure-P.4) of the wife of the petitioner has been placed
on record. The date of admission is shown as 3.3.2009. It has been
observed that Santosh, wife of the petitioner has history of pain on the left
Cr. Misc. No.M-8479 of 2009
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thigh since one month. She was operated for Femur about seven years back
and she has been advised operation. The operation has not been performed
till date.
Learned counsel for the petitioner has submitted that the
presence of the petitioner with his wife is utmost necessity. Besides, the
petitioner will not misuse the concession of bail while he is at large and he
may be granted bail on his furnishing heavy surety.
Keeping in view the aforesaid facts and circumstances, in my
view, the presence of the petitioner would indeed be necessary for his wife
to undergo the operation. Besides, the petitioner has sought bail for 15 days
only. The daughter of the petitioner, namely, Aparna is also physically
handicapped as per the certificate dated 21.1.2009 (Annexure-P.3).
Therefore, the petitioner on his furnishing personal bond and
two sureties to the satisfaction of learned Chief Judicial Magistrate, Hisar
shall be admitted to bail as an interim measure for 15 days. The period of
15 days shall be reckoned from the date of release. On the expiry of 15
days, the petitioner shall surrender in jail. He shall file necessary
undertaking before the learned Chief Judicial Magistrate, Hisar undertaking
to surrender on the expiry of 15 days.
The criminal miscellaneous petition stands disposed of.
April 15, 2009. (S.S. Saron)
Judge
*hsp*