IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on: 13.02.2025 Dushiant Sharma @Ishu Pandit ......Petitioner Versus State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Nitin Mittoo, Advocate and Mr. Amit Yadav, Advocate for the petitioner.

Mr. Gauravdeep Singh Dhaliwal, Asst. A.G., Punjab.

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SANJAY VASHISTH , J.

1. By way of filing of present petition under Section 528 of BNSS, petitioner-Dushiant Sharma @ Ishu Pandit has prayed for setting aside the condition of depositing bail bonds in the sum of Rs.2,00,000/- with one local surety against immovable property in the like amount and a bank guarantee in the sum of Rs.5,00,000/-, imposed by learned Additional Sessions Judge, Hoshiarpur, vide order dated 03.01.2025.

2. On 31.01.2025, this Court passed the following order:

“1. By way of present petition, petitioner is inter alia seeking setting aside of the condition of depositing bail bonds in the sum of Rs.2,00,000/- with one local surety against immovable property in the like amount and a bank guarantee in the sum of Rs.5,00,000/-, imposed by learned Addl. Sessions Judge, Hoshiarpur, vide order dated 03.01.2025, while granting regular bail to the petitioner in case No. BA-3687-2024, titled as, "Dushiant Sharma @ Ishu Pandit vs. State of Punjab"., during pendency in case FIR No.106, dated 23.05.2023, under Sections 336, 427, 34 of IPC and Section 25-27 of the Arms Act (Sections 386, 506, 201 of IPC added later on), registered at Police Station Mahilpur, District Hoshiarpur.

2. Notice of motion.

3. On advance notice, Mr. Amandeep Singh, DAG, Punjab, puts in appearance on behalf of the respondent - State and seeks time to get instructions and to file reply/status report, if any. Adjourned to 03.02.2025.

Response, if any, be filed a week before the adjourned date of hearing with an advance copy to the counsel opposite.

To be shown in the urgent list.”

3. Learned counsel for the petitioner submits that petitioner is in a poor financial condition and is unable to fulfil the second condition of the bail order i.e. ‘furnishing of bank guarantee in the sum of Rs.5,00,000/-’ as ordered by learned Additional Sessions Judge, Hoshiarpur, vide its order dated 03.01.2025 (P-3). Thus, he prays for modification of the condition by submitting that first part of the condition i.e. ‘depositing of bail bonds in the sum of Rs.2,00,000/- with one local surety against immovable property in the like amount’ would be complied with by the petitioner. However, he prays for waiving of the second condition of the bail order.

4. Learned counsel for the petitioner submits that the offences are triable by the Court of Magistrate and stringent conditions have already been imposed by learned Trial Court. He also submits that the petitioner is neither in a position to abscond; nor to flee from the proceedings of the Court. Rather, being well intended, he is ready to join the proceedings as and when his presence is required by the Investigating Agency or by the Court.

5. On the other hand, learned State counsel submits that the adequate condition of furnishing a Bank guarantee in the sum of Rs.5,00,000/- should be complied with by the petitioner and in case same is reduced or modified, there is an apprehension that the petitioner may abscond, and the Court may take the recourse by issuing notices to the sureties mentioned in the bail order.

6. Considering all the aspects and noticing the facts that, despite the granting of bail by the Court of learned Additional Session Judge, Hoshiarpur, petitioner is unable to come out of the jail because of his alleged poor financial condition. There is no one else to help him out on the monetary issue. The condition No.2 i.e. furnishing of bank guarantee in the sum of Rs. 5,00,000/- is waived off. However, the other conditions of the bail order dated 03.01.2025 shall remain intact, and in consequence thereof, he would be released from jail in pursuance to the bail order.

Disposed of.

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