Application for leave to appeal against a 2013 acquittal. Leave was granted and the main appeal admitted for final hearing in its roster turn, with pendency declared inconsequential for the respondent, who was exempted from furnishing bail bonds on his undertaking.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRM-A-723-MA-2013
1
202 CRM-A-723-MA-2013
RAMESH KUMAR AND ANR. V/S BALBIR SINGH
Present: Mr. Sudesh, Advocate for Mr. Sandeep Punchhi, Advocate for the applicant-appellant.
Mr. Manvinder Singh Sidhu, Advocate for the respondent.
Counsel appearing for the applicants-appellant submits that the present application was filed against acquittal in the year 2013 and they have a very good case on merit.
On the contrary, respondent’s counsel submits that the judgment of acquittal is well reasoned and leave to appeal should not be granted. He further submits that in case, this Court grants leave to appeal and admits the main appeal, its turn will not come for hearing for decades, as such pendency of the appeal may be treated inconsequential for the respondent.
Leave to appeal is granted.
Counsel for the respondent further submits that he be exempted from furnishing bail bonds/ surety bonds before the concerned trial Court or Chief Judicial Magistrate. He undertakes to comply with the orders if the judgment of acquittal is reversed and he would comply with the directions passed by the Court.
Given such undertaking, there shall be no need to furnish bail bonds/ surety bonds by the respondents.
There would be no need for a certified 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 attest it to be a true copy. In case the attesting officer wants to verify the authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.
Registry to communicate this order to the trial Court without any delay.
Sonia Puri 2024.08.20 09:58 I attest to the accuracy and integrity of this document
CRM-A-723-MA-2013
2
Main appeal
Admit.
List for final hearing on its own turn as per queue following the roster.
It is clarified that pendency of the present appeal before this Court shall be inconsequential in any manner whatsoever.
(Anoop Chitkara) Judge
12.08.2024 Sonia Puri
Sonia Puri 2024.08.20 09:58 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether leave to appeal should be granted against the judgment of acquittal.
Ramesh Kumar and Anr.
Balbir Singh
Anoop Chitkara
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
