CR.R/19/2021
2021 Latest Caselaw 651 HP

Cr. Revision No. 19 of 2021 22.01.2021 Present: Mr. M.S. Thakur, Advocate, for the petitioner.

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THROUGH VIDEO CONFERENCE

Criminal No. 143-3 of 2015 under Section 138 of the Negotiable Complaint Instruments Act, District, Shimla, HP.

             Criminal     No. 14-R/10 of 2018 Sessions Judge(Forests), District
             Appeal       Shimla, HP,

                   Cr.MP Nos. 125 /2021





                   Allowed and disposed of.

                   Cr.MP No.120/2021:

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.19/2021 Heard. The present petition raises substantial questions of law.

ADMIT

Issue notice to the respondent, returnable for 26th February,

2021, on taking steps within a week. Records be called.

Cr.MP No.119/2021:

13) This application is under Section 397 of the Code of Criminal Procedure for suspension of sentence. The sentence is only for one month, and the matter involves essential questions of law. Thus, this Court suspends the execution of the sentence of imprisonment. 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, 1973.

14) In Manish Lal Shrivastava v State of Himachal Pradesh, CrMPM No. 1734 of 2020, after analyzing judicial precedents,

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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.

15) 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.

16) 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.,"

y) 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.

z) Such a fixed deposit need not necessarily be made from the account of the petitioner and need not be a single fixed deposit.

aa) 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.

bb) 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.

cc) The petitioner or his Advocate shall inform at the earliest to the concerned branch of the bank,

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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.

dd) After that, the petitioner shall hand over such proof along with endorsement to the trial Court/Attesting Officer.

ee) 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 r vice-versa.

ff) 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.

20) 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.

21) 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].

22) This order is further subject to the petitioner depositing the

entire outstanding compensation amount on or before the next date. The failure to do so shall result in the automatic

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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.

23) The furnishing of the personal bonds shall be deemed acceptance of the all stipulations, terms, and conditions of this bail order.

24) 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 on 26.02.2021 for final hearing before appropriate

Bench.

Anoop Chitkara, Vacation Judge.

January 22, 2021 (R.Atal/Parihar).