Disposed

State of Punjab v. Sandeep Kumar

Punjab & Haryana HC20 Aug 2024CRM-A/833/2010

Case brief

AI extract

What is this about?

State sought leave to appeal against a 2010 acquittal of the accused. The court granted leave, admitted the main appeal for final hearing per its queue, and directed the accused to furnish a personal bond of Rs. 10,000 within two months, citing Mahidul Sheikh on surety alternatives.

What did the court decide?

Leave to appeal granted; main appeal admitted; accused to furnish personal bond of Rs. 10,000 within two months.

State of Punjab Vs Sandeep Kumar — Bail and Remand | Punjab & Haryana HC (2024)

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CRM-A-833-MA-2010

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201 CRM-A-833-MA-2010

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STATE OF PUNJAB V/S SANDEEP KUMAR

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Present: Ms. Swa� Batra, D.A.G., Punjab (through VC) for the applicant.

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Mr. Aarush Neeraj Vaid, Legal Aid Counsel for the respondent.

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State counsel submits that the present applica�on was filed against acqui*al in the year 2010 and she has a very good case on merit.

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Legal aid counsel appearing for the respondent submits that the judgment of acqui*al 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 in-consequen�al for the respondent.

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Leave to appeal granted.

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The accused to execute a bond for a*endance 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 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.

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Given above, within two months, the accused shall furnish a personal bond of Rs. Ten Thousand only (INR 10,000/-)to the sa�sfac�on of the concerned Trial Court/Duty Magistrate.

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The a*es�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

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JYOTI 2024.08.21 09:43 I attest to the accuracy and integrity of this order/judgment.

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CRM-A-833-MA-2010

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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 s�pula�ons, terms, and condi�ons 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 communicate copy of this order to the trial Court without any

delay.

Main appeal

Admit.

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

(ANOOP CHITKARA)

JUDGE

20.08.2024

Jyo�-II

JYOTI 2024.08.21 09:43 I attest to the accuracy and integrity of this order/judgment.

State of Punjab v. Sandeep Kumar

Case brief

What is this about?

What did the court decide?

State of Punjab v. Sandeep Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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