M/S Magma Fincrop Limited v. Jagbir Singh
CRM-A-667-MA-2013 (O&M) -1M/S MAGMA FINCROP LIMITED V/S JAGBIR SINGH
Present:
Mr. Manav Khetarpal, Advocate for Mr. Nakul Sharma, Advocate for the applicant.
Mr. Yashdeep Nain, Advocate for the respondent.
*** Counsel appearing for the applicant submits that the present applicaƟon was filed against acquiƩal in the year 2013 and they have a very good case on merit. On the contrary, respondent's counsel submit that the judgment of acquiƩal 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-consequenƟal for the respondent.
Leave to appeal granted.
The accused to execute a bond for aƩendance within two months, undertaking to appear in this court, in case the appeal is allowed. In Mahidul Sheikh v.
State of Haryana , CRM-33030-2021 in CRA-S-363-2020, decided on 14-01-2022, Para 53, this Court observed, [53]. The pragmaƟc approach is that while granƟng bail with sureƟes, the "Court" and the "ArresƟng 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 creaƟng a lien over his bank account. The accused should also have a further opƟon to switch between the modes. The opƟon lies with the accused to choose between the sureƟes and deposits and not with the Court or the arresƟng officer.
Given above, within two months, the accused shall furnish a personal bond of Rs. Ten Thousand only (INR 10,000/-), to the saƟsfacƟon of the concerned Trial Court/Duty Magistrate.
The aƩesƟng officer shall, on the reverse page of personal bonds, menƟon 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 modificaƟon, inƟmate about the change of residenƟal address and change of phone numbers, WhatsApp number, e-mail accounts, to the Registry of this Court. The furnishing of the personal bonds shall be deemed acceptance of the all sƟpulaƟons, terms, and condiƟons of this bail order. Jyoti Sharma 2024.09.11 10:39 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh
CRM-A-667-MA-2013 (O&M) -2There would be no need for a cerƟfied 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 aƩest it to be a true copy. In case the aƩesƟng officer wants to verify the authenƟcity, such an officer can also verify its authenƟcity and may download and use the downloaded copy for aƩesƟng bonds. Registry to communicate this order to the trial Court without any delay. Main appeal Admit.
List for final hearing on its own turn as per its queue. It is clarified that pendency of this appeal shall be in-consequenƟal for any purpose against the respondent-accused.
(ANOOP CHITKARA) JUDGE 09.09.2024 JyoƟ Sharma Jyoti Sharma 2024.09.11 10:39 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh