Shiv Shankar vs U. T. Chandigarh - 2023 Supreme(P&H) 1072

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1072

HARKESH MANUJA
Shiv Shankar – Appellant
Versus
U. T. Chandigarh – Respondent

Advocates appeared:
Mr. Sudesh Kumar Khurcha, Advocate for the petitioner.
Mr. Rajiv Vij, Addl. P.P., U.T. Chandigarh.

HARKESH MANUJA, J.

1. By way of present petition filed under Section 482 Cr.P.C., prayer has been made to modify the order dated 22.03.2023, in FIR No-119 dated 28.09.2019 registered u/s- 279, 337, 338 of IPC and 3/181 of M.V. Act at P.S. Sector 19 Chandigarh, passed by the Additional Session Judge, Chandigarh so as to change the condition of bail order qua furnishing of local surety with immovable property situated in the jurisdiction of the Trial Court.

2. Briefly stated, the facts of the case are that an F.I.R No.19 dated 28.09.2019 U/S-279, 337, 338 of IPC and Section 3/181 of Motor Vehicles Act, 1988 was registered at P.S. Sector-19 Chandigarh, against the petitioner. Petitioner applied for bail in the Session Court and the same was allowed vide order dated 22.03.2023 on furnishing bail bonds in the sum of Rs. 25,000 with one surety of the like amount to the satisfaction of the Illaqa/ Duty magistrate. Petitioner is primarily aggrieved with the condition specified in the order regarding local surety which is reproduced as under:-

“The Court accepting the bonds is to ensure that the sureties furnished by the applicant are local one, having documentary proof of the sufficient immov

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