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(2021) Law Today Live Doc. Id. 16450
CRWP-7616 of 2021
Decided on: 01.09.2021
Present:
Mr. Brijesh Nandan, Advocate, for applicant-petitioner.
(The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual court)
Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Parole order – Modification in -- Bail bond before Jail authorities – Power of -- Applicant-petitioner was ordered to be released on parole to attend the marriage of his real sister subject to his furnishing requisite bail bonds to the satisfaction of Jail Authorities – Applicant-petitioner points out that there is no provision where the Superintendent of Jail can release any convict/inmate, without him furnishing bail/surety bonds to the satisfaction of the concerned Chief Judicial Magistrate/Illaqa Magistrate/Duty Magistrate – Order modified, requisite bail bonds/surety bonds to be furnished to the satisfaction of the concerned Chief Judicial Magistrate/Duty Magistrate/Illaqa Magistrate.
(Para 4-7)
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1. Prayer in this application under Section 482 Cr.P.C. is for modification of order dated 20.08.2021.
2. Notice of the application.
3. Mr. IPS Doabia, Addl. A.G., Punjab accepts notice on behalf of the respondent-State.
4. Vide order dated 20.08.2021, the applicant-petitioner was ordered to be released on parole w.e.f. 01.09.2021 to 07.09.2021 to attend the marriage of his real sister, which is fixed for 03.09.2021, subject to his furnishing requisite bail bonds to the satisfaction of Jail Authorities and he was further directed to surrender before the Jail Authorities on 08.09.2021 at 10: 00 a.m.
5. Learned counsel for the applicant-petitioner points out that there is no provision where the Superintendent of Jail can release any convict/inmate, without him furnishing bail/surety bonds to the satisfaction of the concerned Chief Judicial Magistrate/Illaqa Magistrate/Duty Magistrate.
6. Heard.
7. In view of the above, the order dated 20.08.2021 is modified to the extent that the applicant-petitioner is ordered to be released on parole w.e.f. 01.09.2021 to 07.09.2021 to attend the marriage of his real sister, which is fixed for 03.09.2021, subject to his furnishing requisite bail bonds/surety bonds to the satisfaction of the concerned Chief Judicial Magistrate/Duty Magistrate/Illaqa Magistrate.
8. The applicant-petitioner is directed to surrender before the Jail Authorities on 08.09.2021 at 10:00 a.m positively.
9. Disposed of accordingly.
Petition allowed.
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