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2024 DIGILAW 109 (PNJ)

Mohd. Haneef v. State of Haryana

2024-01-10

PANKAJ JAIN

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JUDGMENT Pankaj Jain, J. (Oral) By way of present petition the petitioner has prayed for permission to furnish one surety in criminal cases pending against him wherein he has been ordered to be released on bail. 2. Petitioner has been booked in as many as 31 cases under Electricity Act. Out of those 31, in 23 cases he stands admitted to bail by the Court below. Details of which are as under : S/No. FIR No. 1. FIR No. 250 of 2020 under section 136 EC Act, 379 IPC, registered at police station Madhuban, District Karnal. 2. FIR No. 224 of 2020, under section 136 EC Act, 379 IPC, registered at police station Maduban, District Karnal. 3. FIR No. 277 of 2020, under section 136 EC Act, 379 IPC, registered at Police Station Madhuban District Karnal. 4. FIR No. 293 of 2020, under section 379 IPC, 136 EC Act, registered at Police Station Madhuban District Karnal. 5. FIR No.218 of 2020, under section 136 EC Act, 379, of IPC, registered at Police Station Madhuban District Karnal. 6. FIR No. 116 of 2020, under section 136 EC Act, 379, IPC, registered at Police Station Sadar Karnal District Karnal. 7. FIR No. 299 of 2020, under section 136 EC Act, 379 of IPC, registered at Police Station Madhuban District Karnal. 8. FIR No. 274 of 2020, under section 136 EC Act, 379 of IPC, registered at Police Station Gharaunda District Karnal. 9. FIR No. 263 of 2020, under section 136 EC Act, 379 of IPC, registered at Police Station Gharaunda District Karnal. 10. FIR No. 94 of 2020, under section 136 EC Act, 379 of IPC, registered at Police Station: Sadar Karnal District Karnal. 11. FIR No. 315 of 2020, under section 136 EC Act, 379 of IPC, registered at Police Station Madhuban District Karnal. 12. FIR No. 272 of 2020, under section 136 EC Act, 379 of IPC, registered at Police Station Madhuban District Karnal. 13. FIR No. 29 of 2020, under section 379 IPC, 136 EC Act, registered at Police Station Gharaunda District Karnal. 14. FIR No. 345 of 2020 under section 379 IPC, 136 EC Act, registered at Police Station Sadar Karnal District Karnal 15. FIR No. 285 dated 13.09.2020 under section 136 EC Act, 379 IPC, registered at Police Station Madhuban District Karnal. 16. 14. FIR No. 345 of 2020 under section 379 IPC, 136 EC Act, registered at Police Station Sadar Karnal District Karnal 15. FIR No. 285 dated 13.09.2020 under section 136 EC Act, 379 IPC, registered at Police Station Madhuban District Karnal. 16. FIR No. 258 dated 31.08.2020 under section 379 IPC, 136 EC Act, 137 EC Act, registered at Police Station Madhuban District Karnal. 17. FIR No. 222 dated 28.07.2020 under section 136 EC Act, 379 IPC, 137 EC Act, registered at Police Station Madhuban, District Karnal. 18. FIR No. 124 of 2020, under section 136 EC Act, 379 IPC, 137 EC Act, registered at Police Station Sadar Karnal, District Karnal. 19. FIR No. 3 of 2020, under section 379 IPC, 136 EC Act, Act, registered at Police Station Sadar Karnal, District Karnal. 20. FIR No. 251 of 2020, under section 379 IPC, 136 EC Act, registered at Police Station Madhuban, District Karnal. 21. FIR No. 219 of 2020, under section 136 EC Act, 379 IPC, registered at Police Station Madhuban District Karnal. 22. FIR No. 162 of 2020, under section 136 EC Act, 379 IPC, registered at Police Station Sadar Karnal District Karnal. 23. FIR No. 94 of 2020, under section 136 EC Act, 379 IPC, registered at Police Station Sadar Karnal, District Karnal. 3. Petitioner is dealing in junk and has been nominated in all the aforesaid cases relating to theft of the transformer, wires etc. The petitioner claims to have been granted bail in all the aforesaid 23 cases apart from 8 in which he has earned acquittal. 4. It is submitted on behalf of the petitioner that he is unable to execute bail bonds in the aforesaid 23 cases as it will be quite onerous on him to furnish different sureties in each of the aforesaid matters. Reliance is being placed upon the law laid down by Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky v. State of Uttar Pradesh, Special Leave to Appeal (Crl) Nos.8914-8915 of 2018 decided on 29th of October, 2018 wherein an accused was allowed to execute personal bond along with two sureties which was deemed to be good as satisfaction of bail condition in 31 cases observing as under: "5. It is the case of the petitioner that the High Court had in similar circumstances granted bail to the petitioner with two sureties of Rs. It is the case of the petitioner that the High Court had in similar circumstances granted bail to the petitioner with two sureties of Rs. 1,00,000/- (Rupees One lakh only) in the case under Gangster Act and the same sureties were to be the sureties in all other cases as well, by an order dated 21.9.2017. The petitioner was directed to execute personal bond of Rs. 30,000/- in each case. 6. 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 cases and one surety each for the 31 cases. 7. 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. 8. 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." 5. Keeping in view the fact that the petitioner has been held to be entitled for grant of bail but has not been able to avail benefit thereof for the reason that he has not been able to furnish separate bail bonds in each of the cases, the present petition is disposed off with the direction to the Courts below to release the petitioner on bail in the aforesaid 23 cases in which the petitioner has been granted bail on executing one personal bond in each of the case as well as two common sureties of the like sum which shall hold good for all the 23 cases. 6. The bail conditions in the orders granting bail to the petitioner in the cases as tabulated in Para No.2 ibid shall stand modified to the aforesaid effect. 7. Ordered accordingly.