CHANCHALA DEVI Vs. STATE OF H P

JUDGEMENT

(1.) Complaint is that the presence of the accusedpetitioner is essentially required to attend the ceremony of 'Chaturvarshik Shardh' of her husband, however, an application, Annexure P-1, she filed under Section 439 Cr.P.C. for the grant of bail on this ground has been adjourned by learned Additional Sessions Judge-III, Kangra at Dharamshala, to 18th March, 2014, in a cursory manner. Hence, this petition for direction to the respondent to allow her to perform the ceremony of 'Chaturvarshik Shardh' in respect of her deceased husband Rattan Chand.

(2.) No direction as sought in this petition can be issued in the exercise of inherent powers vested in this Court under Section 482 Cr.P.C. read with Article 227 of the Constitution of India.

(3.) The grouse that the application for the grant of bail has been adjourned by learned Additional Sessions Judge- III, Kangra at Dharamshala to a date after 'Chaturvarshik Shardh' of her husband, however, is absolutely justified for the reason that the adjournment of the application to a date after 9th march, 2014 shall render the same infructuous. Otherwise also an application for the grant of bail cannot be adjourned to such a long date and such practice should rather be deprecated.