Recently, the bench headed by Justice Anoop Chitkara of Punjab and Haryana High Court allowed the murder accused to attend the marriage functions of his sister’s two daughters in police presence even though the state had opposed it.

“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 to reciprocate by attending their sacrosanct family functions, despite such attendance carrying the risk of social boycott or dejection,” the court observed.

Suraj of Rewari, an accused in an FIR registered on allegations of murder, among other offences, in May 2019 in Rewari. Earlier, the trial court rejected the plea for attending the marriage function. In his plea, Suraj submitted that he has to perform a ritual, being the maternal uncle. In the plea, however, he had admitted that he had two more brothers. But he pleaded that his presence was also required in the marriage. 

On the Contrary, the state was opposing the concession, he had even requested that he would be contended if allowed to go to attend the marriage function in police custody.

While opposing the interim bail, the state had admitted to the fact that there was a ceremony called 'Bhaat' on April 29, and the marriage of his sister’s two daughters is to take place on May 5.

Counsel for the State opposed the interim bail.

The court allowed the plea observing that in ordinary circumstances, prisoners should not be denied the opportunity of attending a significant family function merely because the immediate relatives, in addition to friends and neighbours, have become accustomed to usually caring for the family members of a person under incarceration and the family is not dependent on the prisoner.

The court directed the jail superintendent to make necessary arrangements for the visit of the petitioner to attend marriage rituals in police presence.