IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No. M-23616 of 2008
Date of Decision: November 11, 2008
Sunita Duhan
... Petitioner
Versus
State of Haryana and others.
... Respondents
CORAM: HON'BLE MR. JUSTICE S.D. ANAND
Present : Mr. Jagjit Gill, Advocate,
for the petitioner.
Mr. S.S. Mor, Sr. DAG, Haryana.
****
S.D. Anand, J.
The petitioner has applied for the release of
her brother-in-law (Devar) – Surender @ Sonu son of Sh.
Tara Chand, a lifer, lodged in District Jail, Gurgaon, in
case FIR No. 382 dated 25.11.1996, under Sections 302,
120-B of the Indian Penal Code, to enable him to marry
the petitioner whose husband unfortunately died and the
petitioner is living in the village with her three minor
children (one daughter and two sons) whom she had
given birth from the lions her deceased husband. Her
Crl. Misc. No. M-23616 of 2008 2
parents-in-law are also dead. There is none in the family
to look after the agricultural holding in the village. She
is to marry her Devar in accord with a custom permitting
a Karewa marriage of the indicated category.
The learned State counsel contests the plea by
indicating that the prisoner aforementioned had faced
trial in as many as 24 cases and further as many as 4
cases are pending against him, though he is on bail on
those cases. Yet another averment is that he stands
convicted in three cases (FIR No. 382/96, under Section
302 IPC, Police Station Sadar Sonepat, FIR No. 354/99,
under Sections 420, 467, 468, 471 IPC and FIR No.
52/98, under Sections 365, 364-A, 392, 212, 120-B IPC,
Police Station Model Town, Delhi).
The release of parole of Surender @ Sonu
may not be a legally feasible proposition in the light of
the facts indicated by the State counsel. At the same
time, there has to be an order which enables the
petitioner to enter into a Karewa marriage with Surender
@ Sonu.
The petition shall stand disposed of with a
direction to the District Magistrate concerned, to fix up a
date on which the Registrar of Marriages, would be
directed to go to the jail and register the marriage
between the petitioner and Surender @ Sonu.
Crl. Misc. No. M-23616 of 2008 3
November 11, 2008 ( S.D. Anand ) vkd Judge