Make endorsement on original documents, HC asks trial courts

Saurabh Malik

Tribune News Service

Chandigarh, July 9

Taking cognisance of a scam involving furnishing of fake sureties for bailing out accused in snatching and other cases, the Punjab and Haryana High Court has asked trial courts in Punjab, Haryana and Chandigarh to make appropriate endorsement on original documents to prevent its reuse in other cases. Directions have also been issued for maintaining computerised data of sureties and the properties owned by them.

The direction is significant as the UT Administration had, on a previous date of hearing, told the Court that the same set of persons stood surety for several accused in multiple cases on the strength of same documents after furnishing false undertakings.

As the case came up for resumed hearing, the Bench of Justice Ajay Kumar Mittal and Justice Tejinder Singh Dhindsa was told that presiding officers accepting sureties kept photocopies of documents after seeing the original, along with an affidavit, but without making any endorsement on the original documents.

The court at the time of granting bail at any stage of criminal proceedings is well within its right to impose a number of conditions, including surrendering of passport or direction to an accused to report to the police regularly.

The court can also call for one or more sureties. If the accused fails to turn up during the trial, surety in form of money or property can be forfeited. Surety is also referred to a person who guaranteed the presence of the accused during the court hearing.

After hearing learned counsel for the parties, the Bench directed the trial courts to make appropriate endorsement on the original documents, accepted along with the bail bonds and sureties, before returning it.

“Wherever it cannot be endorsed on the original document, intimation shall be forwarded to the registering authority to make endorsement in their record. The trial courts shall also ensure maintaining of computer data of all particulars of sureties, as well as details of the properties, furnished along with the bail bonds and sureties while seeking bail by the accused,” the Bench said.

Before parting with the order, the Bench directed its registry to circulate the order’s copy to all District and Sessions Judges of Punjab, Haryana and Chandigarh for strict compliance of the directions.

The Bench was earlier told that 17 persons stood surety in 37 cases, some in as many as six matters.