The High Court held that the main appeal filed by Balwant Singh stood abated due to his death on 03.05.2008, severence the appeal and discharged the surety bonds of Daljeet Singh Sohi, directing removal of related revenue entries.
Main appeal abated; surety bonds discharged; removal of surety entries from revenue records and bank accounts.
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CRM No. 34090 of 2023 in/and CRA-S No. 1116-SB of 2006
238
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No. 34090 of 2023 in/and CRA-S No. 1116-SB of 2006 Date of Decision: 22.11.2023
Balwant Singh
-Appellant
Versus
State of Punjab
-Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Raman Mohinder Sharma, Advocate, for the applicant-appellant.
Mr. Ravinder Singh, A.A.G., Punjab.
ANOOP CHITKARA, J.
CRM No. 34090 of 2023
Vide order dated 27.07.2006, a Co-ordinate Bench of this Court had suspended the sentence of appellant- Balwant Singh considering that the applicant had undergone 07 months out of total sentence of 01 year and 06 months and ordered his release on bail to the sa1sfac1on of Chief Judicial Magistrate. Pursuant to that order, appellant furnished bail bonds before the Court concerned and applicant- Daljeet Singh Sohi stood as a surety for him and furnished surety bond.
The appeal filed by Balwant Singh against the judgment of convic1on and order of sentence dated 30.05.2006 stands admi6ed vide order dated 07.06.2006.
Now the present applica1on has been filed by applicant- Daljeet Singh Sohi in which he claims that as per his informa1on, the appellant has expired on 03.05.2008, however, there is an endorsement in revenue record of his property qua furnishing of surety before the Court. Now, he wants to get the same endorsement removed as appellant has already expired on 03.05.2008.
To verify the fact of death of Balwant Singh, this Court had directed the concerned DySP to file its response. State has filed affidavit dated 22.11.2023 of Kuldeep Singh, PPS, Deputy Superintendent of Police, Sub Division Malerkotla, District Malerkotla in the Court, which is taken on record and it is admi6ed that Balwant Singh
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Jyoti Sharma 2023.11.24 16:22 I attest to the accuracy and authenticity of this order/judgment Sector 1, High Court, Chandigarh
CRM No. 34090 of 2023 in/and CRA-S No. 1116-SB of 2006
had expired. It has been stated in para no.4 that the appellant had died in an accident on 03.05.2008 and proceeding under Sec1on 174 Cr.P.C. was filed in Police Sta1on City Sangrur. The statements of the witnesses were also recorded.
Given above, the main appeal is taken on board today itself.
Main Appeal
Since the appellant has expired on 03.05.2008, the main appeal stands abated in terms of Sec1on 394 Cr.P.C. and it is closed and bail bonds/surety bonds of appellant stands discharged.
Given the main appeal has been disposed of having been abated and surety bonds stands discharged of the liability, therefore any entry reflec1ng anywhere in revenue record/bank accounts or any FDR in the name of applicant- Daljeet Singh Sohi as surety in this FIR stands removed and trial Court to also make necessary entry in its record qua his discharge from the liability of surety for appellant- Balwant Singh.
In case of any difficulty, liberty is reserved to the applicant- Daljeet Singh Sohi to come to this Court again.
Appeal stands disposed of having been abated and CRM No.34090 of 2023 filed by applicant- Daljeet Singh Sohi stands allowed.
| 22.11.2023 Jyo Sharma* |
(A |
NOOP CHI JUDGE |
TKARA) |
|---|---|---|---|
| Whether speaking/reasoned | : | Yes/No | |
| Whether reportable | : | Yes/No |
�
Jyoti Sharma 2023.11.24 16:22 I attest to the accuracy and authenticity of this order/judgment Sector 1, High Court, Chandigarh
1 provisions across 1 enactments
Balwant Singh
State of Punjab
Daljeet Singh Sohi
Anoop Chitkara
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
