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High Court of Punjab and HaryanaCRM-M/13973/2025disposed of

Amit Mangal v. State Of Punjab And Another

2025-03-12Mr. Justice H.S. Grewal2 pages

 CRM-M-13973-2025  

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.13973 of 2025 Date of Decision: 12.03.2025  Amit Mangal ......... Petitioner

Versus

State of Punjab and Another ......... Respondents CORAM: HON'BLE MR. JUSTICE H. S. GREWAL

Present

Mr. Shantanu Bansal, Advocate for the petitioner(s). **** H. S. GREWAL, J.

The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS) seeking direction to the trial Court to waive the onerous condition of furnishing separate surety for availing the concession of bail in similar cases bearing No.NACT 439 of 2024, dated 30.04.2024 arising out of offence under Section 138 of Negotiable Instruments Act, 1881 instituted by the same complainant.

2.

Learned counsel for the petitioner contends that the petitioner is facing trial proceedings in complaint under Section 138 of Negotiable Instruments Act, 1881 in 03 matters wherein three sequential cheques of Rs.4.99 lakhs each have been dishonoured. He further contends that while contesting the bail application, vide order dated 15.02.2025 (Annexure P-8), the petitioner has been ordered to be released on bail, however, the trial court has passed the said order against a condition that separate sureties of like amount against every complaint has to be furnished. He further contends that the petitioner had furnished surety supported by immovable property measuring 20 kanal and 17 marla, however, the trial Sonia Puri 2025.03.12 15:08 I attest to the accuracy and integrity of this document

 CRM-M-13973-2025   Court concerned is not considering the same surety in other two connected matters as the Court requires the petitioner to produce separate sureties in each complaint.  3.

Notice of motion.  4.

On the asking of the Court, Mr. Amandeep Singh Samra, AAG, Punjab, who is present in Court accepts notice on behalf of the respondent-State. 5.

Keeping in view the contentions so raised by learned counsel for the petitioner and his bona fide by way of furnishing surety in one complaint, the trial Court is directed to consider his bail application and release the petitioner on bail by considering the surety furnished in one case/complaint, in other two connected complaints also.

6.

Given above, the present petition is disposed of, accordingly. (H.S. GREWAL) JUDGE  12.03.2025 Sonia Puri Whether speaking/reasoned Yes/No Whether Reportable Yes/No Sonia Puri 2025.03.12 15:08 I attest to the accuracy and integrity of this document