Ram Narain v. Rajesh

CRM-A-1419-MA-2018 -1RAM NARAIN V/S RAJESH

Present:

Mr. Rakesh Gupta, Advocate for the applicant.

None for the respondent.

*** Counsel appearing for the applicant submits that the present applicaƟon was filed against acquiƩal in the year 2018 and he has a very good case on merit. As per report of registry, noƟce issued to the respondent has been received back served. However, none has appeared on his behalf. I have heard counsel for the applicant and gone through the record. 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. There 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. Jyoti Sharma 2024.12.05 19:34 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

CRM-A-1419-MA-2018 -2Registry to send copy of this order to the trial Court as well as to the respondent. It is clarified that in case, aŌer geƫng the copy of this order, respondent does not furnish bonds within two months, trial Court might proceed further in accordance with law. Main appeal Admit.

List for final hearing on its own turn as per its queue. Registry to issue post admission noƟce to the respondent. (ANOOP CHITKARA) JUDGE 04.12.2024 JyoƟ Sharma Jyoti Sharma 2024.12.05 19:34 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh