CR.R/108/2021
2021 Latest Caselaw 2820 HP

Cr.Revision No. 108 of 2021

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07.05.2021 Present: Mr. Kulwant Singh Gill, Advocate, for the

petitioner.

Mr.Nand Lal Thakur, Addl.AG, with Mr. Rajat Chauhan, Law Officer for respondent No.2-State.

Through Video Conferencing

Criminal No. 174-1/2015 under Section 138 of the

Complaint Negotiable Instruments Act, District, Hamirpur HP.

                   Criminal      No. 13 of 2019, Additional Sessions Judge,
                   Appeal
                           r     District Hamirpur HP,

                         Cr.MP No.834/2021:

The application, for the reasons stated therein, is

allowed. Consequently, the applicant-petitioner, at this

stage, is exempted from filing the certified/legible copies of

the judgment of the trial Court. The same, however, be filed

before the next date of hearing. The application is closed.

Cr. Revision No. 108 of 2021:

Heard. The present petition raises substantial

questions of law.

ADMIT.

Mr. Rajat Chauhan, Law officer appears and

waives service of notice on behalf of respondent No.2-State.

Issue notice to respondent No.1, returnable for next date, on

taking steps within two weeks. Records be called.

Cr.MP No. 833/2021:

1) This application is under Section 397 of the Code of Criminal Procedure for suspension of sentence. The matter involves essential questions of law. The petitioner/applicant

is in judicial custody. Given above, this Court suspends the execution of the sentence of imprisonment as well as

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payment of compensation.

2) 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, 1973.

3) In Manish Lal Shrivastava v State of Himachal Pradesh, CrMPM 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.

4) 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.

5) 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 Hamirpur, H.P.,"

a. Such Fixed deposits may be made from any of

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the banks where the stake of the State is more

than 50%, or any of the stable private banks, e.g., 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.

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.

6) 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.

7) 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.

8) The attesting officer shall, on the reverse page of personal bonds, mention the permanent address of the

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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.

9) 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].

10) The furnishing of the personal bonds shall be

deemed acceptance of the all stipulations, terms, and conditions of this bail order.

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 along with case status 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 hearing in the month of July 2021. Copy Dasti

(Anoop Chitkara) Judge May 07, 2021 (R.Atal)