Citation : 2023 Latest Caselaw 1571 P&H
Judgement Date : 24 January, 2023
19
204 IOIN-CRM-M-22513-2021 in CRM-M-22513-2021 -1-
SALONI SALUJA VS STATE OF HARYANA
Present: Mr. Gourav Goel, Advocate for the applicant-petitioner.
Ms. Ishma Randhawa, Addl. AG Punjab.
****
This IOIN has been taken up in view of the judgment of the
Hon'ble Supreme Court in SLP(Criminal) No.4685 of 2020, which reads as
under :-
"xxx xxx xxx
We, therefore, pass following general directions :-
(1) Every High Court shall give us details of all such orders
which remain to be complied with and about the persons
concerned who are still languishing in jail.
One of the ways to address the problem would be to
have a register and maintain the figures as to in how many
matters orders directing release of the persons on bail were
issued and if out of such total number of matters, any person
stood deprived of the opportunity of being released on bail for
some reason or the other. The Register must indicate the
reason including whether proper security etc. could be
arranged by the concerned person or not.
Such matters should then be listed before the concerned
Court in the succeeding month and the fact that the person has
not yet been released on bail, be brought to the notice of the
concerned Court under whose orders the relief of bail was
afforded to the person(s).
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204 IOIN-CRM-M-22513-2021 in CRM-M-22513-2021 -2-
(2) Let the details be given by each High Court within six
weeks from today.
Before parting, we must record that the petitioner has
now been released on bail. In effect, where the custody of a
person for 9 years was found to be sufficient to entitle him to
be released on bail, is now turned into custody for 11 years.
This is nothing but 5 reincarnation of Hussainara Khaton1 &
Motil Ram2.
We must observe that these matters be taken with utmost
seriousness by the High Court and by all the concerned. Let
copies of this order be sent to all the High Courts."
The Registry has put up a list of cases, including the present
case, who has been granted the concession of regular bail in 07 different
FIRs (including the present one) by the different Benches in CRM-M-
37826-2020, CRM-M-40028-2020, CRM-M-5191, 2021, CRM-M-40379-
2020, CRM-M-22513-2021 and CRM-M-25207-2021.
The Coordinate Bench vide order dated 05.12.2022 passed in
IOIN CRM-M-40028-2020, considering the fact that the petitioner could
not furnish bail/surety bonds for a long period, therefore, it is clarified that
the requirement of furnishing surety bonds is dispensed with and the
concerned Court/Jail Superintendent shall obtain her personal bonds in
terms of the order passed by this Court in all the FIRs within a period of
two weeks from today and release her forthwith in the cases in which she is
granted the concession of bail or suspension of sentence.
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204 IOIN-CRM-M-22513-2021 in CRM-M-22513-2021 -3-
As per the report of learned Chief Judicial Magistrate,
Kurukshetra, accused Saloni Saluja, has been released on bail after
furnishing of her personal bonds in the sum of Rs. 30,000/- in view of the
order dated 05.12.2022 passed by a Coordinate Bench in IOIN CRM-M-
40028-2020, on 16.12.2022.
In view of the above, the IOIN stands Disposed of.
24.01.2023 (HARNARESH SINGH GILL)
Mangal Singh JUDGE
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