Punjab-Haryana High Court
Bablu vs State Of Haryana on 30 September, 2024
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
In the High Court for the States of Punjab and Haryana
At Chandigarh
CRM-M-46124-2024 (O&M)
Date of Decision:-30.9.2024
Bablu ... Petitioner
Versus
State of Haryana ... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Balvinder Sangwan, Advocate,
Mr. Krishna Maurya, Advocate and
Mr. Savreet Singh Brar, Advocate for the petitioner.
Mr. Munish Sharma, DAG, Haryana.
*****
GURVINDER SINGH GILL, J. (Oral)
1. The petitioner seeks issuance of directions to the Trial Court/Duty Magistrate
so as to permit him to furnish single surety bond in respect of following 12
FIRs, wherein he has been granted benefit of bail by the Trial Court vide
orders Annexures P-1 to P-12 respectively, which pertain to different dates:
Sr. No. Particulars of FIR
1. FIR No.48 dated 7.2.2024 registered at Police Station Central
Faridabad, District Faridabad, under Sections 379, 34 of Indian
Penal Code.
2. FIR No.20 dated 16.1.2024 registered at Police Station Central
Faridabad, District Faridabad, under Section 379 of Indian Penal
Code.
3. FIR No.56 dated 14.2.2024 registered at Police Station Central
Faridabad, District Faridabad, under Sections 379, 34 of Indian
Penal Code.
CRM-M-46124-2024 (O&M) (2)
4. FIR No.59 dated 15.2.2024 registered at Police Station Central
Faridabad, District Faridabad, under Sections 379 of Indian Penal
Code.
5. FIR No.58 dated 14.2.2024 registered at Police Station Central
Faridabad, District Faridabad, under Sections 379, 34, 411, 201 of
Indian Penal Code.
6. FIR No.50 of 2024 registered at Police Station Central Faridabad,
District Faridabad, under Sections 379, 34, 411, 201 of Indian
Penal Code.
7. FIR No.60 of 2024 registered at Police Station Central Faridabad,
District Faridabad, under Sections 379, 34, 411, 201 of Indian
Penal Code.
8. FIR No.52 dated 11.2.2024 registered at Police Station Central
Faridabad, District Faridabad, under Sections 379, 34 of Indian
Penal Code.
9. FIR No.98 of 2024 registered at Police Station Sector 58,
Faridabad, under Sections 379, 34 of Indian Penal Code.
10. FIR No.26 dated 5.6.2024 registered at Police Station BPTP
Faridabad, District Faridabad, under Sections 379, 34 of Indian
Penal Code.
11. FIR No.56 dated 7.2.2024 registered at Police Station Kotwali,
District Faridabad, under Section 379 of Indian Penal Code.
12. FIR No.29 dated 23.1.2024 registered at Police Station Kheripul,
District Faridabad, under Section 379 of Indian Penal Code.
2. Learned counsel representing the petitioner submitted that in all the
abovementioned 12 cases, the petitioner has been ordered to be released on
bail, subject to his furnishing personal bonds in the sum of Rs.30,000/- in 7
cases, Rs.40,000/- in 3 cases, Rs.35,000/- in 1 case and Rs.25,000/- in 1 case
with one surety in the like amount in the aforesaid 12 cases to the satisfaction
of the concerned Court. It has further been submitted that the petitioner
belongs to a poor strata and is a daily wage earner and has been falsely
CRM-M-46124-2024 (O&M) (3)
implicated. It has been submitted that the petitioner is not in a position to
arrange twelve sureties to the extent of aforementioned amount. Learned
counsel submits that the petitioner has a permanent abode and there are no
chances of his absconding. Learned counsel has thus prayed for permitting
the petitioner to furnish only one surety in the aforementioned eight cases.
3. Learned counsel for the petitioner, in order to hammer forth his aforesaid
submission, places reliance upon order dated 28.05.2024 passed by a Co-
ordinate Bench of this Court in CRM-M-25730-2024 (O&M), wherein in
similar circumstances, the prayer of the petitioner was allowed and he was
permitted to be released on bail subject to furnishing personal bond in the
sum of Rs. 50,000/- with one surety for all the FIRs as registered against him.
4. Learned counsel for the petitioner has also placed reliance upon order dated
29.10.2018 passed by Hon'ble the Supreme Court in SLP (Criminal) Nos.
8914-8915 of 2018 titled as 'Hani Nishad @ Mohammad Imran @ Vikky
Vs. State of Uttar Pradesh' decided on 29.10.2018, wherein an order passed
by High Court had been modified and the accused was directed to execute
personal bonds in all the thirty-one criminal cases registered against him.
5. Opposing the petition, learned State counsel has submitted that the petitioner
may abscond, if he is not bound to furnish surety bonds as per the directions
given by the Court concerned in each of the FIRs registered against him.
Learned State counsel has, however, fairly submitted that the conditions for
furnishing bonds can be modified in light of the judgments cited by learned
counsel for the petitioner.
6. I have heard learned counsel for the petitioner as well as learned State
counsel and have duly considered the submissions made by them.
CRM-M-46124-2024 (O&M) (4)
7. The petitioner has admittedly been extended the benefit of bail in the
aforementioned 12 FIR cases, subject to his furnishing personal bonds in the
sum of Rs.30,000/- in 7 cases, Rs.40,000/- in 3 cases, Rs.35,000/- in 1 case
and Rs.25,000/- in 1 case with one surety in the like amount in each case.
Since, it is obviously difficult for the petitioner to arrange 12 sureties,
therefore, in view of the observations as made by Hon'ble Supreme Court in
Hani Nishad's case (supra), the orders Annexures P-1 to P-12 are ordered to
be modified and it is ordered that the petitioner shall execute personal bond in
all the 12 cases but surety bond to the extent of Rs.50,000/- in one case and
the bond so executed shall hold good for all the 12 cases.
8. Learned Chief Judicial Magistrate, Faridabad shall, however, transmit copies
of the bail bonds/surety bonds to the other Illaqa Magistrate, where the
remaining cases of the petitioner may be pending.
9. The instant petition stands disposed of accordingly in the above mentioned
terms.
30.9.2024 ( Gurvinder Singh Gill )
Pankaj Judge
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
