Prisoner shouldn't be denied chance to attend family event: Punjab and Haryana High Court

Saurabh Malik

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Chandigarh, November 9

The Punjab and Haryana High Court has made it clear that a prisoner should not be ordinarily denied the opportunity of attending a significant family event. The ruling by Justice Anoop Chitkara came in a case where the petitioner was seeking interim bail on the grounds of attending his sister’s marriage.

Appearing before Justice Chitkara’s Bench, the petitioner’s wife verbally requested at least a week’s interim bail. She also contended that the denial of interim bail would cause irreversible injustice to the petitioner and his family.

The Bench was also told that the petitioner was incarcerated in a cheating and forgery case registered under Sections 384, 420, 468, 471, 509 and 120-B of the IPC. Taking note of her submissions and the facts of the case, Justice Chitkara also made it clear that the immediate relatives, in addition to friends and neighbours, became accustomed to caring for the family of a person under incarceration. The family, too, was not dependent on the prisoner. However, this was not enough to deny him the opportunity of attending a family function.

“The prisoner himself not only longs for the presence, cooperation, support and even financial help of the family but is also expected by the near and dear ones in return for their support towards his family to reciprocate by attending their sacrosanct family functions, despite such attendance carrying the risk of social boycott or dejection,” Justice Chitkara added.

Without commenting on the merits of the case, Justice Chitkara said the petitioner had made out a case for a limited-period interim bail in the facts and circumstances peculiar to the case and for the reasons mentioned.

Asserting that the bail would be subject to certain terms and conditions, Justice Chitkara, among other things, added that the petitioner would procure a smartphone and inform its IMEI number and other details to the SHO/IO of the police station concerned. He would neither clear the location history, WhatsApp chats, and call logs, nor format the phone without permission of the SHO/IO.

Justice Chitkara added that the court believed the accused would also reciprocate through desirable behaviour in return for the limited protection from incarceration.

Justice Chitkara also clarified that in case the petitioner did not mend his ways and repeated the offence or indulged in criminal behaviour, the courts concerned in all future matters would keep in mind that the High Court had cautioned him to reform and live a normal life. However, he did not mend his ways.

Justice Chitkara added that the conditions imposed by the court were an endeavour that the accused tried to reform, not repeat the offence, and ensure the safety of the witnesses, victim and their families.

Longs for family’s presence

The prisoner himself not only longs for the presence of the family but is also expected by near and dear ones to reciprocate by attending their family functions…. Justice Anoop Chitkara