Punjab-Haryana High Court
Rajesh Singla vs State Of Haryana on 1 December, 2023
Neutral Citation No:=2023:PHHC:153444
CRM-M-23443-2023 - 1-. 2023:PHHC:153444
221 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-23443-2023 (O&M)
Date of Decision:01.12.2023
Rajesh Singla ...Petitioner
Vs.
State of Haryana
...Respondent
Coram : Hon'ble Mr. Justice N.S.Shekhawat
Present: Mr. Randeep S. Dhull, Advocate
for the petitioner.
Mr. Gaurav Gurcharan Singh Rai, DAG, Haryana.
***
N.S.Shekhawat J.
1. The petitioner has filed the present petition under Section 482 Cr.P.C with a prayer to allow the petitioner to furnish one/common surety or his personal bail bonds for all the criminal cases in connection with his release, as the petitioner has been released on bail in all the cases registered against him, but he is unable to furnish separate surety in all the cases.
2. Learned counsel for the petitioner submitted that the petitioner is arrayed as an accused in the following 41 cases, which have been registered against him in different police stations which are as under:-
Sr.No. FIR Details
1. FIR No.115 dated 04.03.2018 under Section 420,406,120-B, 204 of IPC and 3 of H.P.I.D.E.F, Act 2013, Police Station Sector 31, District Faridabad.
2. FIR No.489 dated 10.08.2018 under Section 420,406,120-B of IPC and 3 of H.P.I.D.E.F, Act 2013, Police Station Sector 31, District Faridabad.
3. FIR No.213 dated 06.04.2018 under Section 420,406,120-B, 204 of IPC and 3 of H.P.I.D.E.F, Act 2013, Police Station Sector 31, District Faridabad.
4. FIR No.216 dated 04.03.2018 under Section 420,406,120-B, 204,467,468,471 of IPC and 3 of H.P.I.D.E.F, Act 2013, Police Station Sector 31, District Faridabad.
5. FIR No.215/2018 under Section 420,406,120-B, 204,467,468,471 of IPC and 3 of H.P.I.D.E.F, Act 2013, Police Station Sector 31, District Faridabad.
6. FIR No.217/2018 under Section 420,406,120-B, 204,of IPC and 3 of H.P.I.D.E.F, Act 2013, Police Station Sector 31, District Faridabad.
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7. FIR No.121 dated 04.03.2018 under Section 420,406,120-B, 204 of IPC and 3 of H.P.I.D.E.F, Act 2013, Police Station Sector 31, District Faridabad.
8. FIR No.146 dated 13.03.2018 under Section 420,406,120-B of IPC and 3 of H.P.I.D.E.F, Act 2013, Police Station Sector 31, District Faridabad.
9. FIR No.117 dated 04.03.2018 under Section 420,406,120-B, 204,467,468,471 of IPC and 3 of H.P.I.D.E.F, Act 2013, Police Station Sector 31, District Faridabad.
10. FIR No.118dated 04.03.2018 under Section 420,406,120-B, 204 of IPC and 3 of H.P.I.D.E.F, Act 2013, Police Station Sector 31, District Faridabad.
11. FIR No.522 dated 16.11.2019 under Section 420,406,120-B of IPC and 3 of H.P.I.D.E.F, Act 2013, Police Station Sector 31, District Faridabad.
12. FIR No.340 dated 30.03.2018 under Section 420,406,120-B of IPC and 3 of H.P.I.D.E.F, Act 2013, Police Station Sector 31, District Faridabad.
13. FIR No.231/2018 under Section 420,406,120-B,467,468,471 of IPC and 3 of H.P.I.D.E.F, Act 2013, Police Station Sector 31, District Faridabad.
14. FIR No.366 dated 06.04.2018 under Section 420,406,120-B,467,468,471 of IPC and
3 of H.P.I.D.E.F, Act 2013, Police Station Sector 31, District Faridabad.
15. FIR No.51 dated 17.02.2019 under Section 420,406,120-B,467,468,471 of IPC and 3 of H.P.I.D.E.F, Act 2013, Police Station Sector 31, District Faridabad.
16. FIR No.238 dated 13.04.2018 under Section 420,406,120-B,467,468,471 of IPC and 3 of H.P.I.D.E.F, Act 2013, Police Station Sector 31, District Faridabad.
17. FIR No.260 dated 21.04.2018 under Section 420,406,120-B, of IPC and 3 of H.P.I.D.E.F, Act 2013, Police Station Sector 31, District Faridabad.
18. FIR No.219 dated 06.04.2018 under Section 420,406,120-B,467,468,471 of IPC and 3 of H.P.I.D.E.F, Act 2013, Police Station Sector 31, District Faridabad.
19. FIR No.218 dated 06.04.2018 under Section 420,406,120-B of IPC and 3 of H.P.I.D.E.F, Act 2013, Police Station Sector 31, District Faridabad.
20. FIR No.256 dated 20.04.2018 under Section 420,406,120-B of IPC and 3 of H.P.I.D.E.F, Act 2013, Police Station Sector 31, District Faridabad.
21. FIR No.140 dated 23.04.2021 under Section 420,406,120-B of IPC and 3 of H.P.I.D.E.F, Act 2013, Police Station Sector 31, District Faridabad.
22. FIR No.113 dated 04.03.2018 under Section 420,406,120-B of IPC and 3 of H.P.I.D.E.F, Act 2013, Police Station Sector 31, District Faridabad.
23. FIR No.200 dated 17.05.2019 under Section 420,406,120-B of IPC and 3 of H.P.I.D.E.F, Act 2013, Police Station Sector 31, District Faridabad.
24. FIR No.205 dated 05.04.2018 under Section 420,406,120-B,204 of IPC and 3 of H.P.I.D.E.F, Act 2013, Police Station Sector 31, District Faridabad.
25. FIR No.206 dated 05.04.2018 under Section 420,406,204,177,120-B of IPC and 3 of H.P.I.D.E.F, Act 2013, Police Station Sector 31, District Faridabad.
26. FIR No.114 dated 04.03.2018 under Section 420,406,120-B of IPC and 3 of H.P.I.D.E.F, Act 2013, Police Station Sector 31, District Faridabad.
27. FIR No.111 dated 04.03.2018 under Section 420,406,120-B,204 of IPC and 3 of H.P.I.D.E.F, Act 2013, Police Station Sector 31, District Faridabad.
28. FIR No.343/2019 under Section 420,406,120-B of IPC, Police Station Sector 31, District Faridabad.
29. FIR No.344/2019 under Section 420,406,120-B of IPC, Police Station Sector 31, District Faridabad.
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30. FIR No.346/2019 under Section 420,406,120-B of IPC, Police Station Sector 31, District Faridabad.
31. FIR No.17/2020 under Section 420,406,120-B of IPC, Police Station Sector 31, District Faridabad.
32. FIR No.474/2019 under Section 420,406,120-B of IPC, Police Station Sector 31, District Faridabad.
33. FIR No.475/2019 under Section 420,406,120-B of IPC, Police Station Sector 31, District Faridabad.
34. FIR No.476/2019 under Section 420,406,120-B of IPC, Police Station Sector 31, District Faridabad.
35. FIR No.477/2019 under Section 420,406,120-B of IPC, Police Station Sector 31, District Faridabad.
36. FIR No.257/2018 under Section 420,406,120-B of IPC, Police Station Sector 31, District Faridabad.
37. FIR No.21 dated 12.01.2017 under Section 405,420,467,468,471,120-B of IPC, Police Station Central, District Faridabad.
38. FIR No.409/2018 under Section 405,420,467,468,471,120-B of IPC, Police Station Central, District Faridabad.
39. FIR No.440 dated 15.12.2017 under Section 420,406,120-B of IPC, Police Station Bhupani, District Faridabad.
40. FIR No.351/2021 under Section 420,406,120-B of IPC, Police Station Sector-31, District Faridabad.
41. FIR No.457/2020 under Section 420,406,120-B of IPC, Police Station Sector-31, District Faridabad.
3. It is further submitted that the petitioner has already been granted the concession of bail in all the abovesaid cases and the bail orders have been attached as Annexure P-1 to P-41 passed by the different Courts. Learned counsel further submits that the bail has been granted to him subject to furnishing bail bonds and surety bonds of different amounts to the satisfaction of Illaqua Magistrate/Duty Magistrate. Learned counsel further contends that it is impossible for the petitioner to comply with the orders to furnish personal bailbonds/surety bonds separately, in each cases in which he has been granted the concesssion of bail. It is further submits that even though the present petitioner has been granted the concession of bail, but on account of his inability to furnish bailbonds/surety bonds, in each and every case separately, the petitioner has not been released, even after a long period. Learned counsel 3 of 6 ::: Downloaded on - 03-12-2023 02:26:53 ::: Neutral Citation No:=2023:PHHC:153444 CRM-M-23443-2023 - 4-. 2023:PHHC:153444 for the petitioner has placed reliance on the judgment passed by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No(s) 8914-8915/2018, titled Hani Nishad @ Mohammad Imran @ Vikky Vs. State of Uttar Pradesh, decided on 29.10.2018.
4. Learned counsel for the petitioner has submitted that the petitioner would furnish one personal bond to the satisfaction of the Trial Court and would also furnish four sureties, two of which would be local sureties, to the satisfaction of the Trial Court and it has been prayed that the same may treated as adequate for all the 41 cases.
5. On the other hand learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that the petitioner is not entitled to make such a prayer and the present petition deserves dismissal.
6. I have heard learned counsel for the parties and perused the record.
7. A perusal of the record would show that the petitioner was involved in 41 cases of similar nature. The petitioner was admitted to bail by different orders Annexure P-1 to P-41 and the petitioner was ordered to be released several months ago. However, even after a lapse of considerable period, the petitioner has not been released on bail on account of his inability to give separate sureties/personal bonds in each and every case.
8. Hon'ble the Supreme Court in Hani Nishad @ Mohammad Imran @ Vikky's case (Supra) has held as under:-
"xxx xxx xxx However, by the impugned order, the High Court has modified the conditions of bail imposed by the Trial Court in the instant cases by directing the Trial Court to accept one common surety for all the 4 of 6 ::: Downloaded on - 03-12-2023 02:26:53 ::: Neutral Citation No:=2023:PHHC:153444 CRM-M-23443-2023 - 5-. 2023:PHHC:153444 cases and one surety each for the 31 cases.
Learned counsel for the petitioner submits that even though the Court has granted bail to the petitioner, the petitioner is unable to execute the bail bonds because of the onerous conditions of bail imposed particularly the condition of producing 31 sureties.
Considering the submissions, the impugned order is modified to the extent that the petitioner shall execute a personal bond for Rs.30,000/- (Rupees Thirty thousand only) and the same bond shall hold good for all 31 cases. There shall be two sureties who shall execute the bond for Rs. 30,000/- which bond shall hold good for all the 31 cases. It is clarified that the personal bond so executed by the Petitioner and the bond so executed by the two sureties shall hold good for all the 31 cases.
With these observations, the Special Leave Petitions are disposed of.
Pending applications, if any, shall stand disposed of."
9. A perusal of the said judgment would show that although, the accused therein was involved in 31 cases, the Hon'ble Supreme Court had modified the order of the High Court, which required furnishing of one common surety for all the cases and one surety each for each of the 31 cases, to the extent that a personal bond for Rs.30,000/- was to be executed by the accused therein, which would hold good for all the 31 cases, and two sureties who would execute the bond for Rs.30,000/-, would also hold good for all the said 31 cases.
10. In the present case, a perusal of the details of the cases which have been given above, would show that all the said cases had been filed in various Police Stations in District Faridabad.
11. Thus, keeping in view the fact that the condition of furnishing a surety in each and every case separately, would be highly onerous for the 5 of 6 ::: Downloaded on - 03-12-2023 02:26:53 ::: Neutral Citation No:=2023:PHHC:153444 CRM-M-23443-2023 - 6-. 2023:PHHC:153444 petitioner and also keeping in view the judgment passed by the Hon'ble Supreme Court in Hani Nishad @ Mohammad Imran @ Vikky's case (Supra), the present petition is disposed of with a direction to the trial Court/Illaqua Magistrate/Duty Magistrate to release the petitioner on bail in all the 41 cases in which the petitioner has been granted bail, on his executing one personal bond, in each case, as well as four common sureties, which would hold good for all the 41 cases. The four sureties, out of which two sureties shall be local, are directed to execute the bond to the satisfaction of the concerned Court. Thus, to sum up, the petitioner would be required to execute one personal bond in each of the case to the satisfaction of the trial Court and would also be required to give four common sureties in all the 41 cases, out of which two sureties shall be local. The bond to be executed by the four sureties would be there as directed by the trial Court.
12. The petitioner would also be bound by his undertaking that the petitioner would appear in all the said cases on each and every date, unless his appearance is personally exempted by the concerned Court.
13. The petition stands disposed off.
14. Pending applications, if any, also disposed off, accordingly.
(N.S.SHEKHAWAT)
01.12.2023 JUDGE
hitesh
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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