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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PANKAJ JAIN, J.
Mohd. Haneef – Petitioner
Versus
State of Haryana – Respondent
CRM-M-43413 of 2023
Decided On : 10-01-2024
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. | 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 Ut
The court modified bail conditions to allow a single personal bond and two common sureties for multiple cases, recognizing the impracticality of separate sureties.
Excessive bail conditions may infringe on the fundamental right to liberty, necessitating a balance with attending trial requirements.
(1) Excessive bail is no bail – To grant bail and thereafter to impose excessive and onerous conditions, is to take away with left hand what is given with right.(2) In case of multiple FIRs, Same set....
The discretion of the court in accepting the same set of sureties in multiple cases and the emphasis on the competency and reliability of sureties.
In multiple similar cases where bail granted but separate sureties impracticable, courts may permit common sureties to prevent substantive bail denial, upholding Article 21 absent flight risk.
Bail amounts should depend on the accused's financial circumstances, prioritizing personal bonds over sureties to prevent undue hardship.
A person may provide sureties for multiple accused in different cases under BNS provisions, provided the property value exceeds the aggregate surety requirement.
The main legal point established in the judgment is that the right to statutory bail is a fundamental right and cannot be frustrated by unreasonable conditions. The sufficiency of sureties is not dep....
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