CRM-M No. 32434 of 2024 · Punjab And Haryana High Court · 2023

Mr. Rajat Gautam, Addl. A.G. Haryana. ANOOP CHITKARA, J. **** FIR No. Dated Police Sta,on Sec,ons 202

10.09.2016 City Jakhal, District 379 IPC (however, Sec(cid:21)ons Fatehabad 395, 412, 120-B & 201 IPC added and 379 IPC deleted later on)

1. The pe(cid:21)(cid:21)oner incarcerated for jumping the bail, in the FIR cap(cid:21)oned above has come up before this Court under Sec(cid:21)on 439 CrPC seeking bail.

2. The pe(cid:21)(cid:21)oner was earlier on bail; however, he failed to appear on 17.07.2023, which led to the cancella(cid:21)on of the bail and warrant of arrest was issued against the pe(cid:21)(cid:21)oner.

3. Counsel for the pe(cid:21)(cid:21)oner submits that he would have no objec(cid:21)on in case any stringent condi(cid:21)ons this Court might put upon the pe(cid:21)(cid:21)oner. The pe(cid:21)(cid:21)oner contends that the pre-trial incarcera(cid:21)on would cause an irreversible injus(cid:21)ce to the pe(cid:21)(cid:21)oner and family.

4. While opposing the bail, the conten(cid:21)on on behalf of the State is that the pe(cid:21)(cid:21)oner is evading trial and is not en(cid:21)tled to bail.

5. The pe(cid:21)(cid:21)oner was earlier granted regular bail but he did not appear in the Court on 17.07.2023. Due to some misunderstanding of the date, the pe(cid:21)(cid:21)oner did not appear and the same has been men(cid:21)oned in para 5 of the pe(cid:21)(cid:21)on. However, he was arrested on 09.01.2024 and since then he is in judicial custody. JYOTI 2024.07.26 16:42 I attest to the accuracy and integrity of this order/judgment. 1 CRM-M-32434-2024

6. Given the fact that the pe(cid:21)(cid:21)oner was earlier granted bail and as such this court is inclined to grant the bail subject to the strict condi(cid:21)on that the pe(cid:21)(cid:21)oner shall not skip any hearing before the trial Court on a single day.

7. In Sushila Aggarwal v. State (NCT of Delhi), 2020:INSC:106 [Para 92], (2020) 5 SCC 1, Para 92, the Cons(cid:21)tu(cid:21)onal Bench held that unusually, subject to the evidence produced, the Courts can impose restric(cid:21)ve condi(cid:21)ons.

8. Without commen(cid:21)ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men(cid:21)oned above, the pe(cid:21)(cid:21)oner makes a case for bail, subject to the following terms and condi(cid:21)ons, which shall be over and above and irrespec(cid:21)ve of the contents of the form of bail bonds in chapter XXXIII of CrPC, 1973. This order shall come into force from the (cid:21)me it is uploaded on the official webpage of this Court.

9. In Madhu Tanwar and Anr. v. State of Punjab, 2023:PHHC:077618 [Para 10, 21], CRM-M-27097-2023, decided on 29-05-2023, this court observed, [10] The exponen(cid:21)al growth in technology and ar(cid:21)ficial iden(cid:21)fica(cid:21)on techniques intelligence has transformed remarkably. Voice, gait, and facial recogni(cid:21)on are incredibly sophis(cid:21)cated and pervasive. Impersona(cid:21)on, as we know it tradi(cid:21)onally, has virtually become impossible. Thus, the remedy lies that whenever a judge or an officer believes that the accused might be a flight risk or has a history of fleeing from jus(cid:21)ce, then in such cases, appropriate condi(cid:21)ons can be inserted that all the expenditure that shall be incurred to trace them, shall be recovered from such person, and the State shall have a lien over their assets to make good the loss. [21] In this era when the knowledge revolu(cid:21)on has just begun, to keep pace with exponen(cid:21)al and unimaginable changes the technology has brought to human lives, it is only fiIng that the dependence of the accused on surety is minimized by giving alterna(cid:21)ve op(cid:21)ons. Furthermore, there should be no insistence to provide permanent addresses when people either do not have permanent abodes or intend to re-locate.

10. Given above, provided the pe(cid:21)(cid:21)oner is not required in any other case, the pe(cid:21)(cid:21)oner shall be released on bail in the FIR cap(cid:21)oned above, in the following terms: (a). Pe(cid:21)(cid:21)oner to furnish personal bond of Rs. Ten thousand (INR 10,000/); AND (b) To give one surety of Rs. Twenty-five thousand (INR 25,000/-), to the sa(cid:21)sfac(cid:21)on of the concerned court, and in case of non-availability, to any JYOTI 2024.07.26 16:42 I attest to the accuracy and integrity of this order/judgment. 2 CRM-M-32434-2024 nearest Ilaqa Magistrate/duty Magistrate. Before accep(cid:21)ng the surety, the concerned court must sa(cid:21)sfy that if the accused fails to appear in court, then such surety can produce the accused before the court. OR (b). Pe(cid:21)(cid:21)oner to hand over to the concerned court a fixed deposit for Rs. Ten thousand only (INR 10,000/-), with the clause of automa(cid:21)c renewal of the principal and the interest rever(cid:21)ng to the linked account, made in favor of the ‘Chief Judicial Magistrate’ of the concerned district, or blocking the aforesaid amount in favour of the concerned ‘Chief Judicial Magistrate’. Said fixed deposit or blocking funds can be from any of the banks where the stake of the State is more than 50% or from any of the well-established and stable private sector banks. In case the bankers are not willing to make a Fixed Deposit in such eventuality it shall be permissible for the pe(cid:21)(cid:21)oner to prepare an account payee demand draP favouring concerned Chief Judicial Magistrate for the similar amount. (c). Such court shall have a lien over the funds un(cid:21)l the case's closure or discharged by subs(cid:21)tu(cid:21)on, or up to the expiry of the period men(cid:21)oned under S. 437-A CrPC, 1973, and at that stage, subject to the proceedings under S. 446 CrPC, the en(cid:21)re amount of fixed deposit, less taxes if any, shall be endorsed/returned to the depositor. (d). The pe(cid:21)(cid:21)oner is to also execute a bond for aQendance in the concerned court(s) as and when asked to do so. The presenta(cid:21)on of the personal bond shall be deemed acceptance of the declara(cid:21)ons made in the bail pe(cid:21)(cid:21)on and all other s(cid:21)pula(cid:21)ons, terms, and condi(cid:21)ons of sec(cid:21)on 438(2) of the Code of Criminal Procedure, 1973, and of this bail order. (e). While furnishing personal bond, the pe(cid:21)(cid:21)oner shall men(cid:21)on the following personal iden(cid:21)fica(cid:21)on details:

1. AADHAR number

2. Passport number, (If available), when the aQes(cid:21)ng officer/court thinks appropriate or considers the accused as a flight risk.

3. Mobile number (If available)

4. E-Mail id (If available)

11. The pe(cid:21)(cid:21)oner shall not influence, browbeat, pressurize, make any inducement, JYOTI 2024.07.26 16:42 I attest to the accuracy and integrity of this order/judgment. 3 CRM-M-32434-2024 threat, or promise, directly or indirectly, to the witnesses, the police officials, or any other person acquainted with the facts and the circumstances of the case, to dissuade them from disclosing such facts to the police, or the court, or to tamper with the evidence.

12. Given the nature of the allega(cid:21)ons and the other circumstances peculiar to this case, the pe(cid:21)(cid:21)oner shall surrender all weapons, firearms, ammuni(cid:21)on, if any, along with the arms license to the concerned authority within fiPeen days from release from prison and inform the Inves(cid:21)gator about the compliance. However, subject to the Indian Arms Act, 1959, the pe(cid:21)(cid:21)oner shall be en(cid:21)tled to renew and take it back in case of acquiQal in this case, provided otherwise permissible in the concerned rules.

13. The pe,,oner shall a6end the trial on each and every date, in case, he fails to appear in the trial Court without any cogent reason, on this ground alone, the bail shall be cancelled.

14. During the trial's pendency, if the pe(cid:21)(cid:21)oner repeats or commits any offence where the sentence prescribed is more than seven years or violates any condi(cid:21)on as s(cid:21)pulated in this order, it shall always be permissible to the respondent to apply for cancella(cid:21)on of this bail. It shall further be open for any inves(cid:21)ga(cid:21)ng agency to bring it to the no(cid:21)ce of the court seized of the subsequent applica(cid:21)on that the accused was earlier cau(cid:21)oned not to indulge in criminal ac(cid:21)vi(cid:21)es. Otherwise, the bail bonds shall remain in force throughout the trial and aPer that in Sec(cid:21)on 437-A of the Cr.P.C., if not canceled due to non-appearance or breach of condi(cid:21)ons.

15. The condi(cid:21)ons men(cid:21)oned above imposed by this court are to endeavour to reform and the accused does not repeat the offence, and also to bock the menace of drugs abuse. In Mohammed Zubair v. State of NCT of Delhi, 2022:INSC:735 [Para 28], Writ Pe(cid:21)(cid:21)on (Criminal) No 279 of 2022, Para 29, decided on July 20, 2022, A Three-Judge bench of Hon’ble Supreme Court holds that “The bail condi(cid:21)ons imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be propor(cid:21)onal to the purpose of imposing them. The courts while imposing bail condi(cid:21)ons must balance the liberty of the accused and the necessity of a fair trial. While doing so, condi(cid:21)ons that would result in the depriva(cid:21)on of rights and liber(cid:21)es must be eschewed.”

16. Any Advocate for the pe(cid:21)(cid:21)oner and the Officer in whose presence the pe(cid:21)(cid:21)oner puts signatures on personal bonds shall explain all condi(cid:21)ons of this bail order in any language that the pe(cid:21)(cid:21)oner understands.

17. If the pe(cid:21)(cid:21)oner finds bond amount beyond social and financial reach, it may be JYOTI 2024.07.26 16:42 I attest to the accuracy and integrity of this order/judgment. 4 CRM-M-32434-2024 brought to the no(cid:21)ce of this Court for appropriate reduc(cid:21)on. Further, if the pe(cid:21)(cid:21)oner finds bail condi(cid:21)on(s) as viola(cid:21)ng fundamental, human, or other rights, or causing difficulty due to any situa(cid:21)on, then for modifica(cid:21)on of such term(s), the pe(cid:21)(cid:21)oner may file a reasoned applica(cid:21)on before this Court, and aPer taking cognizance, even to the Court taking cognizance or the trial Court, as the case may be, and such Court shall also be competent to modify or delete any condi(cid:21)on.

18. Any observa(cid:21)on made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments.

19. In return for the protec(cid:21)on from incarcera(cid:21)on, the Court believes that the accused shall also reciprocate through desirable behavior, and shall aQend the trial regularly.

20. There would be no need for a cer(cid:16)fied copy of this order for furnishing bonds, and any Advocate for the Pe(cid:16)(cid:16)oner can download this order along with case status from the official web page of this Court and a(cid:31)est it to be a true copy. In case the a(cid:31)es(cid:16)ng officer wants to verify the authen(cid:16)city, such an officer can also verify its authen(cid:16)city and may download and use the downloaded copy for a(cid:31)es(cid:16)ng bonds. Pe,,on allowed in aforesaid terms. All pending applica(cid:21)ons, if any, stand disposed. (ANOOP CHITKARA) JUDGE

23.07.2024 Jyo(cid:21)-II Whether speaking/reasoned: Whether reportable: Yes No. JYOTI 2024.07.26 16:42 I attest to the accuracy and integrity of this order/judgment. 5