Punjab-Haryana High Court
State Of Haryana vs Jeet Singh on 16 January, 2024
Neutral Citation No:=2024:PHHC:005860
CRM-A-110-2019 (O&M) 1 2024:PHHC:005860
218 CRM-A-110-2019 (O&M)
State of Haryana vs. Jeet Singh
Present: Mr. Dhruv Sihag, AAG, Haryana.
for the applicant.
Mr. Parminder Singh, Advocate for the respondent.
****
Counsel for the respondent appeared and filed vakalatnama which is
taken on record.
CRM-993-2019
Present applica#on has been filed for seeking condona#on of delay
of 246 days in filing the accompanying applica#on for leave to appeal.
In para Nos.2 to 5 of the applica#on, the applicant men#oned the
reasons for delay, which are as under:-
"2. That the judgment under appeal dated 19.01.2018 was passed by the
Court of Sh. Rakesh Singh learned ASJ Kurukshetra. A%er perusal of the
same, the District A)orney, Kurukshetra opined that it is a fit case to file
an appeal, against the acqui)al of the accused Jeet Singh, before the
Hon'ble Punjab and Haryana High Court, Chandigarh on the grounds
men/oned, being against law and facts vide memo no.274/DAK/2018
dated 24.01.2018 and referred the same to the Superintendent of Police,
Kurukshetra for necessary ac/on.
3. That the Superintendent of Police, Kurukshetra, agreed with the report
of District A)orney, Kurukshetra, referred it to Learned District Magistrate,
Kurukshetra vide memo No.5029 dated 02.02.2018 along with copy of
judgment dated 19.01.2018.
4. That the learned District Magistrate, Kurukshetra vide memo No.2446-
48/C. Legal dated 26.02.2018 sent a request to the Advocate General
Haryana, Chandigarh to prefer appeal against the judgment of acqui)al
of accused Jeet Singh and accordingly opinion was given by the AG office
and was further sent to higher authori/es and then obtain grounds of
appeal were prepared.
5. That the office of the Advocate General Haryana vide memo no.
125758-60 dated 03.12.2018 has directed to S.P. Kurukshetra, to file an
affidavit and applica/on for condona/on of delay in filing the appeal.
A%er receiving the message from Advocate General's office, SI Ram
Parkash, was deputed to take a file and facilitate in filing the appeal on
03.12.2018. A%er that SI Ram Parkash was busy in the inves/ga/on of
other cases and thus there occurred delay of 246 days. "
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For the reasons men#oned in the applica#on, the same is allowed.
Delay of 246 days in filing the accompanying applica#on for leave to appeal, is
condoned.
CRM-A-110-2019
Leave to appeal granted.
The accused to execute a bond for a1endance within two months,
undertaking to appear in this court, in case the appeal is allowed.
In Mahidul Sheikh v. State of Haryana, CRM-33030-2021 in CRA-S-363-
2020, decided on 14-01-2022, Para 53, this Court observed,
[53]. The pragma#c approach is that while gran#ng bail with sure#es,
the "Court" and the "Arres#ng Officer" should give a choice to the
accused to either furnish surety bonds or to handover a fixed deposit,
or direct electronic money transfer where such facility is available, or
crea#ng a lien over his bank account. The accused should also have a
further op#on to switch between the modes. The op#on lies with the
accused to choose between the sure#es and deposits and not with the
Court or the arres#ng officer.
Given above, within two months, the accused shall furnish a personal bond of
Rs. Ten Thousand only (INR 10,000/-), and furnishing one surety for Rs. Twenty-Five
thousand only (INR 25,000/-), to the sa#sfac#on of the concerned Trial Court/Duty
Magistrate. Before accep#ng the sure#es, the concerned Court must sa#sfy that if the
accused fails to appear in Court, then such surety is capable of producing the pe##oner
before the Court.
In the alterna#ve, the accused may furnish a personal bond of Rs. Ten
Thousand only (INR 10,000/-), and hand over to the a1es#ng Magistrate, a fixed
deposit(s) for Rs. Ten Thousand only (INR 10,000/-), made in favour of Chief Judicial
Magistrate of the concerned district. 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 well-established
and stable private banks, with the clause of automa#c renewal of principal, and the
interest rever#ng to the linked account.
Such a fixed deposit need not necessarily be made from the account of
the accused. If such a fixed deposit is made in physical form, i.e., on paper, then the
original receipt shall be handed over to the concerned Court. If made online, then its
printout, a1ested by any Advocate, and if possible, countersigned by the accused, shall
be filed, and the depositor shall get the online liquida#on disabled. The accused or his
Advocate shall inform at the earliest to the concerned branch of the bank, that it has
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been tendered as surety. Such informa#on 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 FIR number. ACer that, the accused shall hand over such proof along
with endorsement to the concerned Court. It shall be total discre#on of the accused to
choose between surety bonds and fixed deposits. It shall also be open for the accused to
apply for subs#tu#on of fixed deposit with surety bonds and vice-versa. Subject to the
proceedings under S. 446 CrPC, if any, the en#re amount of fixed deposit, less tax
deducted at source, if any, shall be endorsed/returned to the depositor(s). Such Court
shall have a lien over the deposits up to the expiry of the period men#oned under S.
437-A CrPC, 1973, or un#l discharged by subs#tu#on as the case may be.
The a1es#ng officer shall, on the reverse page of personal bonds,
men#on the permanent address of the accused along with the phone number(s),
WhatsApp number (if any), e-mail (if any), and in case of any change, the Accused shall
immediately and not later than 30 days from such modifica#on, in#mate about the
change of residen#al address and change of phone numbers, WhatsApp number, e-mail
accounts, to the Registry of this Court.
The furnishing of the personal bonds shall be deemed acceptance of the
all s#pula#ons, terms, and condi#ons of this bail order.
There would be no need for a cer/fied copy of this order for furnishing
bonds, and any Advocate for the accused can download this order along with case status
from the official web page of this Court and a)est it to be a true copy. In case the
a)es/ng officer wants to verify the authen/city, such an officer can also verify its
authen/city and may download and use the downloaded copy for a)es/ng bonds.
Registry to communicate this order to the trial Court without any delay.
Main appeal
Admit.
List for final hearing on its own turn as per its queue following the roster.
(Anoop Chitkara)
Judge
16.01.2024
pry
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