State Of Haryana v. Mohit Mahajan And Others

STATE OF HARYANA VS. MOHIT MAHAJAN AND ORS.

Present:

Mr. Rajat Gautam, Addl. A.G. Haryana.

Mr. Pawan Kumar Hooda, Advocate for respondent No. 1.

Mr. Yashveer Kharb, Advocate for respondents No. 2, 4, and 9.

Mr. Arun Luthra, Advocate for respondent No.3.

Ms. Kirandeep Kaur, Legal Aid Counsel for respondent No. 4.

None for respondents No. 5 and 6.

Respondent No. 7 in jail vide order dated 28.02.2024. Mr. Rakesh Sob1, Advocate and Ms. Malika Sethi Sob1, Advocate for respondent No. 8.

Ms. Shanika Khurmi, Legal Aid Counsel for respondent No. 10.

**** Mr. Yashveer Kharb, Advocate has put in appearance on behalf of respondent No. 4 and has filed his Vakalatnama in Court today which is taken on record. In terms of order dated 21.03.2024, the concerned SHO has given a report that respondents No.5 and 6 are not residing at the given addresses. Counsel appearing for the applicant-State submits that the present applica1on was filed against acqui8al in the year 2021 and they have a very good case on merit.

On the contrary, counsel for remaining respondents submit that the judgment of acqui8al is well reasoned and leave to appeal should not be granted. They 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-consequen1al for the respondents. The accused to execute a bond for a8endance 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-3632020, decided on 14-01-2022, Para 53, this Court observed,

 [53]. The pragma1c approach is that while gran1ng bail with sure1es, the "Court" and the "Arres1ng 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 crea1ng a lien over his bank account. The accused should also have a further op1on to switch between the modes. The op1on lies with the accused to choose between the sure1es and deposits and not with the Court or the arres1ng officer.

Given above, within two months, the accused shall furnish a personal bond of Rs. Ten Thousand only (INR 10,000/-), and furnishing one surety for Rs. Twenty-Five thousand only (INR 25,000/-), to the sa1sfac1on of the concerned Trial Court/Duty Magistrate. Before accep1ng the sure1es, the concerned Court must sa1sfy that if the accused fails to appear in Court, then such surety is capable of producing the pe11oner before the Court.

In the alterna1ve, the accused may furnish a personal bond of Rs. Ten Thousand only (INR 10,000/-), and hand over to the a8es1ng Magistrate, a fixed deposit(s) for Rs. Ten Thousand only (INR 10,000/-), made in favour of Chief Judicial Magistrate of the concerned district. Such Fixed deposits may be made from any of the banks where the stake of the State is more than 50%, or any of the well-established and stable private banks, with the clause of automa1c renewal of principal, and the interest rever1ng to the linked account.

Such a fixed deposit need not necessarily be made from the account of the accused. If such a fixed deposit is made in physical form, i.e., on paper, then the original receipt shall be handed over to the concerned Court. If made online, then its printout, a8ested by any Advocate, and if possible, countersigned by the accused, shall be filed, and the depositor shall get the online liquida1on disabled. The accused or his Advocate shall inform at the earliest to the concerned branch of the bank, that it has been tendered as surety. Such informa1on be sent either by e-mail or by post/courier, about the fixed deposit, whether made on paper or in any other mode, along with its number as well as FIR number. AHer that, the accused shall hand over such proof along with endorsement to the concerned Court.

It shall be total discre1on of the accused to choose between surety bonds and fixed deposits. It shall also be open for the accused to apply for subs1tu1on of fixed deposit with surety bonds and vice-versa. Subject to the proceedings under S. 446 CrPC, if any, the en1re amount of fixed deposit, less tax deducted at source, if any, shall be endorsed/returned to the depositor(s).

 shall have a lien over the deposits up to the expiry of the period men1oned under S. 437-A CrPC, 1973, or un1l discharged by subs1tu1on as the case may be. The a8es1ng officer shall, on the reverse page of personal bonds, men1on 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 modifica1on, in1mate about the change of residen1al 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 s1pula1ons, terms, and condi1ons of this bail order. There would be no need for a cerfied 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 esng officer wants to verify the authencity, such an officer can also verify its authencity and may download and use the downloaded copy for a esng bonds. Registry to communicate this order to the trial Court without any delay. Main appeal No1ce served upon respondents-accused No. 1 to 4, 8 to 10 through counsel represen1ng.

List on 29.05.2024.

Issued no1ces to respondents No. 5 to 7 for the date fixed. Appellant to take steps for service of respondents No. 5 to 7, if already not taken. (ANOOP CHITKARA) JUDGE 22.04.2024 Jyo-II