Himachal Pradesh High Court
) This Application Is Under ... vs Unknown on 20 January, 2021
Bench: Anoop Chitkara
Cr. Revision No. 16 of 2021
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20.01.2021 Present: Mr. Arvind Sharma,Advocate, for the petitioner.
THROUGH VIDEO CONFERENCE
Criminal No. 79-3 of 2019/2015, under Section 138 NIA, District
Case Shimla, HP.
Criminal No. 24-S/10 of 2019 decided by Sessions Judge Shimla,
Appeal District Shimla, HP on 29.10.2020
Cr.MP No. 105 /2021:
The application, for the reasons stated therein, is allowed.
Consequently, the applicant-petitioner, at this stage, is exempted from
filing the certified copy of trial court judgment. The same, however, be
filed before the next date of hearing. The application is closed.
Cr. Revision No. 16/2021
Heard. ADMIT. The present petition raises substantial
questions of law.
Notice to respondent, returnable, for 26.3.2021, on taking
steps by tomorrow. Records be called.
Cr.MP No. 104/2021:
1) This application is under Section 397(2) of the Code of Criminal
Procedure for suspension of sentence. The sentence is only for two
months and the matter involves essential questions of law. Thus, in
the peculiar facts and circumstances of the matter, the execution of
the sentence of imprisonment is suspended. The order is subject to
executing a bond for attendance as and when called upon to do so.
In case of conviction, the petitioner shall surrender before the
learned trial Court to serve the imprisonment. Terms and conditions
as set out in this order shall be over and above and irrespective of
the contents of the form of bail bonds in chapter XXXIII of CrPC,
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1973.
2) In Manish Lal Shrivastava vs. State of Himachal Pradesh,
Cr.M.P.M. No. 1734 of 2020, after analyzing judicial precedents,
this Court observed that any Court while suspending the execution
of sentence, it is permissible to give an alternative option to the
accused to furnish personal bond, with an undertaking to attend the
Court, on each date, unless exempted, and subject to handing over a
fixed deposit(s) for a certain amount.
3) Before the next date, the petitioner shall furnish a personal bond of
Rs. Twenty-five thousand (INR 25,000/-), and shall furnish two
sureties of a similar amount, to the satisfaction of the Trial Court/
Registrar (Judicial)/ Any Additional Registrar of this Court or any
other official authorized by him. Before accepting the sureties, the
attesting person must satisfy that in case the accused fails to appear
in Court, then such sureties are capable to produce the accused
before the Court, keeping in mind the Jurisprudence behind the
sureties, which is to secure the presence of the accused.
4) In the alternative, the petitioner may furnish aforesaid personal
bond and fixed deposit(s) for Rs. Twenty-five thousand only (INR
25,000/-), made in favour of "Chief Judicial Magistrate, District
Shimla H.P.,"
a) Such Fixed deposits may be made from any of the
banks where the stake of the State is more than 50%, or
any of the stable private banks, e.g., Bank of America,
Chase, HSBC, City Bank, HDFC Bank, ICICI Bank,
Kotak Mahindra Bank, etc., with the clause of
automatic renewal of principal, and liberty of the
interest reverting to the linked account.
b) Such a fixed deposit need not necessarily be made from
the account of the petitioner and need not be a single
fixed deposit.
c) If such a fixed deposit is made in physical form, i.e., on
paper, then the original receipt shall be handed over to
the trial Court/Attesting Officer.
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d) If made online, then its printout, attested by any
Advocate, and if possible, countersigned by the
accused, shall be filed, and the depositor shall get the
online liquidation disabled.
e) The petitioner or his Advocate shall inform at the
earliest to the concerned branch of the bank, that it has
been tendered as surety. Such information be sent either
by e-mail or by post/courier, about the fixed deposit,
whether made on paper or in any other mode, along
with its number as well as case number.
f) After that, the petitioner shall hand over such proof
along with endorsement to the trial Court/Attesting
Officer.
g) It shall be total discretion of the petitioner to choose
between surety bonds and fixed deposits. It shall also
be open for the petitioner to apply for substitution of
fixed deposit with surety bonds and vice-versa.
h) Subject to the proceedings under S. 446 CrPC, if any,
the entire amount of fixed deposit along with interest
credited, if any, shall be endorsed/returned to the
depositor(s). This Court shall have a lien over the
deposits up to the final disposal of this petition, or until
discharged by substitution as the case may be.
5) The attesting officer shall, on the reverse page of personal bonds,
mention the permanent address of the petitioner along with the
phone number(s), WhatsApp number (if any), e-mail (if any), and
details of personal bank account(s) (if available), and in case of any
change, the petitioner shall immediately and not later than 30 days
from such modification, intimate about the change of residential
address and change of phone numbers, WhatsApp number, e-mail
accounts, to the Registry of this Court.
6) In addition to standard modes of processing service of summons,
this Court or Trial Court may serve or inform the accused through
E-Mail (if any), and any instant messaging service such as
WhatsApp, etc. (if any). [Hon'ble Supreme Court of India in Re
Cognizance for Extension of Limitation, Suo Moto Writ Petition
(C) No. 3/2020, I.A. No. 48461/2020- July 10, 2020].
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7) This order is further subject to the petitioner depositing the entire
outstanding fine and compensation amount, if any, on or before
25.3.2021. The failure to do so shall result in the automatic
cancellation of this suspension order. The petitioner to file the
receipt by the next date of hearing. However, in case of some
exigency, or unavoidable circumstances, the applicant cannot make
up the deficiency, liberty reserved to come up before this Court by
filing a reasoned application for extension of time.
8) The furnishing of the personal bonds shall be deemed acceptance of
the all stipulations, terms, and conditions of this bail order.
9) Accordingly, the application stands disposed of in the terms
mentioned above.
There would no need for a certified copy of this order for
furnishing bonds, and any Advocate for the Petitioner can
download this order from the official web page of this Court and
attest it to be a true copy. In case the attesting person wants to
verify the authenticity, such an officer can also verify its
authenticity and may download and use the downloaded document
for attesting bonds.
List for final hearing, on 26th March, 2021 before appropriate
Bench having Roster.
Anoop Chitkara
Vacation Judge.
January 20, 2021(sushma)
