Shiv Kumar Alias Pandit v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-21.8.2024 Shiv Kumar @ Pandit ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Nikhil Mittal, Advocate for the petitioner. Mr. Neeraj Sheoran, DAG, Haryana.

***** GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner seeks issuance of directions to the Trial Court/Duty Magistrate so as to permit him to furnish single surety bond in 8 FIRs bearing Nos. 151/2022, 192/2022, 202/2022, 224/2022, 119/2022, 176/2022, 778/2022 and 694/2022, all registered at Police Station Shahabad, wherein he has been granted benefit of bail by the Court of learned Additional Sessions Judge, Kurukshetra vide orders Annexures P-1 to P-8 respectively, which pertain to different dates.

2.

Learned counsel representing the petitioner submitted that in all the abovementioned eight cases, the petitioner has been ordered to be released on bail, subject to his furnishing personal bonds in the sum of Rs.50,000/- with one surety in the like amount in the aforesaid eight cases to the satisfaction of the concerned Court. It has further been submitted that the petitioner belongs

( 2 ) to a poor strata and is a daily wage earner and a false recovery has been planted upon him. It has been submitted that the petitioner is not in a position to arrange eight sureties to the extent of aforementioned amount. Learned counsel submits that the petitioner has a permanent abode and there are no chances of his absconding. Learned counsel has thus prayed for permitting the petitioner to furnish only one surety in the aforementioned eight cases. 3.

Learned counsel for the petitioner, in order to hammer forth his aforesaid submission, places reliance upon order dated 28.05.2024 passed by a Coordinate Bench of this Court in CRM-M-25730-2024 (O&M), wherein in similar circumstances, the prayer of the petitioner was allowed and he was permitted to be released on bail subject to furnishing personal bond in the sum of Rs. 50,000/- with one surety for all the FIRs as registered against him. 4.

Learned counsel for the petitioner has also placed reliance upon order dated 29.10.2018 passed by Hon'ble the Supreme Court in SLP (Criminal) Nos. 8914-8915 of 2018 titled as 'Hani Nishad @ Mohammad Imran @ Vikky Vs. State of Uttar Pradesh' decided on 29.10.2018, wherein an order passed by High Court had been modified and the accused was directed to execute personal bonds in all the thirty-one criminal cases registered against him. 5.

Opposing the petition, learned State counsel has submitted that the petitioner may abscond, if he is not bound to furnish surety bonds as per the directions given by the Court of learned Additional Sessions Judge, Kurukshetra in each of the FIRs registered against him. Learned State counsel has, however, fairly submitted that the conditions for furnishing bonds can be modified in light of the judgments cited by learned counsel for the petitioner.

( 3 ) 6.

I have heard learned counsel for the petitioner as well as learned State counsel and have duly considered the submissions made by them. 7.

The petitioner has admittedly been extended the benefit of bail in the aforementioned eight FIR cases, subject to his furnishing personal bonds with one surety in the like amount in each case. Since, it is obviously difficult for the petitioner to arrange eight sureties, therefore, in view of the observations as made by Hon'ble Supreme Court in Hani Nishad's case (supra), the orders Annexures P-1 to P-8 are ordered to be modified and it is ordered that the petitioner shall execute personal bond in all the eight cases but surety bond to the extent of Rs. 50,000/- in one case and the bond so executed shall hold good for all the eight cases.

8.

The instant petition stands disposed of accordingly in the above mentioned terms.

9.

Since the main petition has been disposed of, pending application, if any is rendered infructuous.

21.8.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No