Punjab and Haryana High Court: An application was filed by a convict in a kidnapping case, under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’), seeking suspension of sentence in First Information Report under Sections 364-A, 307, 379-B and 482 read with Section 34 of the Penal Code, 1860 (‘IPC’). The Division Bench of Anoop Chitkara and Mandeep Pannu JJ. allowed the same and held that a downloaded copy of a bail or suspension of sentence order is sufficient for securing the release of an accused. The Court further clarified that when the certified copy of the order is not immediately provided by the Registry, the downloaded copy must be accepted by the Court before whom the bail bonds are furnished.
Background
In the present case, the convict had kidnapped the nephew of the complainant and had demanded Rs 50,000 as ransom. The complainant had given Rs 20,000 to them at the decided location. However, the complainant was told that his nephew had been shot in the foot and was thrown somewhere at Bhondsi Jail Road.
Upon searching the location concerned, the complainant could not trace his nephew. During investigation, the convictwere arrested and admitted their guilt. In pursuance of their disclosure statements, Rs 8000 and Rs 7500 were recovered from their respective places. Eventually, the nephew was found to be thrown near Sector 62, Baba Building Material, Gurugram in an injured condition.
The division Bench of this Court had stayed the recovery of the fine during the pendency of the appeal, and the said order was continuing till date and admitted the appeal for final hearing.
As per the custody certificate, the convict’s custody in the above FIR was 8 years, 3 months, and 5 days.
Analysis and Decision
The Court opined that the grounds to suspend the sentence of convict are sufficient considering:
- the time which was likely to take for the turn of this appeal for actual hearing,
- the amount of ransom being Rs. 50,000 coupled with the gun shot injury on leg, which was a non-vital part of the body, and
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the convict’s custody of more than 8 years 3 months with remission and more than 7 years and 1 month without remission.
Therefore, the Court suspended the execution of sentence of imprisonment till further orders. Further, the Court held that the convict be released on bail, subject to furnishing bonds to the satisfaction of the Court concerned.
The Court further observed that to ensure that every person in judicial custody who had been granted bail or whose sentence had been suspended got back their liberty without any delay, it was appropriate that whenever the bail order or the orders of suspension of sentence were not immediately sent by the Registry, computer systems, or Public Prosecutor, then in such a situation, to facilitate the immediate restoration of the liberty granted by any Court, the downloaded copies of all such orders, subject to verification, must be accepted by the Court before whom the bail bonds are furnished.
Furthermore, the Court held that there would be no need for a certified copy of this order for furnishing bonds, and any advocate for the convict can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify the authenticity, such an officer can also verify it and may download and use the downloaded copy for attesting bonds.
[Amit Rana v. State of Haryana, CRM-18469-2025 in CRA-D-123-2020, decided on 5-8-2025]
Advocates who appeared in this case:
For the Appellant: J.P. Jangu, Advocate
For the Respondent: Shaveta Sanghi, D.A.G., Haryana
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