High Court of Punjab and HaryanaCRM-M/14386/2021disposed of

Umesh Yadav v. State Of Punjab

2021-03-31Mr. Justice Suvir Sehgal2 pages

CRM-M-14386 of 2021 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-14386 of 2021 Date of decision:31.03.2021 Umesh Yadav ... Petitioner Vs.

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Shakti Mehta, Advocate for the petitioner.

SUVIR SEHGAL, J. (Oral) The Court has been convened through video conferencing due to Covid-19 pandemic.

Counsel for the petitioner has sought modification of the order dated 02.03.2021 (Annexure P-2) passed by the Judicial Magistrate Ist Class, Samana, whereby, while allowing the application filed by the petitioner for releasing his truck on superdari, the trial Court ordered furnishing of bank guarantee of Rs.1.00 lakh. Counsel has placed reliance upon the orders dated 05.06.2020 passed in CRM-M-14229 of 2020 titled as 'Udeek Singh @ Tinku Vs. State of Punjab' and 11.01.2021 passed in CRM-M-1133 of 2021 titled as 'Suraj Khan @ Shokat Ali @ Kala' by the Co-ordinate Benches of this Court, wherein, similar conditions imposed by the trial Court were ordered to be modified.

SAVITA KADIAN 2021.04.05 13:02 I attest to the accuracy and integrity of this document High Court Chandigarh

CRM-M-14386 of 2021 {2} Notice of motion.

On asking of the Court, Mr. Ajay Pal Singh Gill, Deputy Advocate General, Punjab accepts notice on behalf of the respondent-State. He has supported the order passed by the trial Court. After hearing the counsel for the parties, this Court is of the view that the condition of furnishing of bank guarantee of Rs.1.00 lakh is onerous. Accordingly, the order dated 02.03.2021 is modified and it is ordered that instead of giving a bank guarantee of Rs.1.00 lakh, the petitioner shall furnish a solvent surety of the like amount. All other conditions imposed by the trial Court shall remain unaltered. The petition is disposed of.

(SUVIR SEHGAL) JUDGE March 31, 2021 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2021.04.05 13:02 I attest to the accuracy and integrity of this document High Court Chandigarh