Disposed

Gian Chand v. Ramesh Chand & Ors.

Punjab & Haryana HC3 Sept 2024CRM-A/140/2013

Case brief

AI extract

What is this about?

Application for leave to appeal against an acquittal of 2012 was allowed and the main appeal admitted for final hearing on its own turn. Respondents No. 1, 2 and 4 were exempted from furnishing bail bonds on their undertaking to surrender if required, while respondent No. 3 was directed to furnish a personal bond within two months.

What did the court decide?

Leave to appeal granted; main appeal admitted; bail bonds waived for respondents No. 1, 2 and 4; respondent No. 3 to furnish personal bond of Rs. 10,000/- within two months.

Gian Chand Vs Ramesh Chand & Ors. — Bail and Remand | Punjab & Haryana HC (2024)

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CRM-A-140-MA-2013

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201 CRM-A-140-MA-2013

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GIAN CHAND V/S RAMESH CHAND & ORS

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Present: Mr. Balam Singh, Advocate for Mr. R.S. Chauhan, Advocate for the applicant.

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Mr. Rajiv Trikha, Advocate for respondents No. 1, 2 and 4.

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Despite service, none has put in appearance on behalf of respondent

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No. 3.

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Given above, Ms. Vamika Johar, Advocate (E.No. PH-3236-2020) is appointed as Legal Aid Counsel on behalf of respondent No. 3 to assist the Court in this ma4er. Counsel for the applicant has supplied the complete set of paper book to legal aid counsel.

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Counsel appearing for the applicant submits that the present applica5on was filed against acqui4al in the year 2012 and he has a very good case on merit.

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Counsel for respondents No. 1, 2 and 4 submits that the judgment of acqui4al is well reasoned and leave to appeal should not be granted. He further submits that in case, this Court grants leave to appeal and admit the main appeal, its turn will not come for hearing for decades, as such pendency of the appeal may be treated inconsequen5al for the respondent.

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Leave to appeal granted.

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Counsel for respondents No. 1, 2 and 4 submits that they be exempted from furnishing bail bonds/surety bonds before the concerned trial Court or Chief Judicial Magistrate. They undertake to surrender before the majesty of Court as and when this Court directed to do so or in case of reversal of the judgment.

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Given such undertaking, there shall be no need to furnish bail bonds/surety bonds by respondents No. 1, 2 and 4.

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The accused/respondent No.3 to execute a bond for a4endance within two months, undertaking to appear in this court, in case the appeal is allowed.

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In Mahidul Sheikh v. State of Haryana , CRM-33030-2021 in CRA-S-363-

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2020, decided on 14-01-2022, Para 53, this Court observed,

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[53]. The pragma5c approach is that while gran5ng bail with sure5es, the “Court” and the “Arres5ng 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 crea5ng a lien over his bank account. The accused should also have a

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JYOTI 2024.09.04 09:27 I attest to the accuracy and integrity of this order/judgment.

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CRM-A-140-MA-2013

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further op5on to switch between the modes. The op5on lies with the accused to choose between the sure5es and deposits and not with the Court or the arres5ng officer.

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Given above, within two months, the accused/respondent No. 3 shall furnish a personal bond of Rs. Ten Thousand only (INR 10,000/-)to the sa5sfac5on of the concerned Trial Court/Duty Magistrate.

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The a4es5ng officer shall, on the reverse page of personal bonds, men5on 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 modifica5on, in5mate about the change of residen5al address and change of phone numbers, WhatsApp number, e-mail accounts, to the Registry of this Court.

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The furnishing of the personal bonds shall be deemed acceptance of the all s5pula5ons, terms, and condi5ons of this bail order.

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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.

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Registry to send copy of this order to the trial Court as well as to respondent No. 3. It is clarified that in case, aEer geFng the copy of this order, respondent No. 3 does not furnish bonds within two months, trial Court might proceed further in accordance with law.

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Legal aid counsel shall be en5tled to her fee as per rules subject to her

appearance.

Main appeal

Admit.

List for final hearing on its own turn as per its queue.

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It is clarified that the pendency of this appeal shall not be construed against the accused-respondents No. 1, 2 and 4 in any manner whatsoever.

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(ANOOP CHITKARA) JUDGE

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03.09.2024 Jyo�-II

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JYOTI 2024.09.04 09:27 I attest to the accuracy and integrity of this order/judgment.

Gian Chand v. Ramesh Chand & Ors.

Case brief

What is this about?

What did the court decide?

Gian Chand v. Ramesh Chand & Ors.

Case brief

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