The High Court
Case Details
CRM-M-2021-2025 218-2 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-2021-2025 Date of Decision: 21.01.2025 Gurpreet Singh @ Preet ...Pe(cid:25)(cid:25)oner Versus State of Punjab and another …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present:
Legal Reasoning
Mr. Digvijay Nagpal, Advocate for the pe(cid:25)(cid:25)oner. Mr. Akshay Kumar, A.A.G, Punjab. Mr. Vishal Mi/al, Advocate for respondent No. 2. **** ANOOP CHITKARA, J. FIR No. Dated Police Sta+on Sec+ons 223 05.09.2024 Sadar Mansa, Tehsil and District Mansa 333, 118(1) and 3(5) of BNS, 2023 (Sec(cid:25)on 118(2) of BNS was added later on) 1. The pe(cid:25)(cid:25)oner incarcerated in the FIR cap(cid:25)oned above came before this Court under Sec(cid:25)on 483 of Bhara(cid:25)ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail. 2. In paragraph 12 of the bail pe(cid:25)(cid:25)on, the accused declares that he has no criminal antecedents. 3. The facts of the case are being taken from translated copy of FIR annexed with the bail pe(cid:25)(cid:25)on as Annexure P-1, which reads as follows: “xxx xxx I am resident of above said address and I work as an labourer. My marriage was solemnised with Rani Kaur resident of Jaga ram (cid:30)rath district Bathinda about 30 years ago but I don't have any kids and I adopted my daughter my nephew whose name is Rajpreet Kaur and she resides with me and death of my wife Rani Kaur occurred about 7/8 years ago. A*er her death I solemnised marriage of my daughter about five years ago with Balwinder Singh resident of chahalanwali a*er that I am residing at my home alone and I do labour in the village and I also have my meals there and if I didn't have any work then I have my meals at my brothers Rajpal Singh's place. On dated 01/09/24 I was at my home on (cid:30)me about 09.30 in the morning two persons of my village who work as a 1 JYOTI 2025.01.24 14:32 I attest to the accuracy and integrity of this order/judgment. CRM-M-2021-2025 labourer in the village namely Beera Singh son of Chuhar Singh and Preet Singh son of Sadhu Singh resident of Sadda Singh wala came to my house. Preet Singh was holding Gandasa in his right hand and Beera Singh was bare hand and both of them were drunk and they both started yelling together that you don't give us money and you are saying regularly that you don't have money but today we will get back with our money. I said when you will be normal then we will calculate the sum. But they started abusing me but when I opposed this Beera Singh apprehended me and Preet Singh a5acked me with Gandassa in his hand on right side of my head which hit me on my right ear and then a5acked me again which hit me upon right side of my head and I fell there then I shouted Marta Marta upon hearing my voice my brother Rajpal Singh and my maternal uncle's son Ramdev came there. Then Preet Singh along with Gandasa and Beera Sing flew from the spot. Then my brother Rajpal Singh and Ramdev called 108 Ambulance and got me admit at civil Hospital Mansa. I was under treatment there then Doctor referred me towards Rajendra Hospital Pa(cid:30)ala. I am under treatment there. Reason for enmity is they demanded money from me when they were drunk and I said when you will be alright we will calculate it. Due to this reason they a5acked me. Appropriate legal ac(cid:30)on should be brought against Beera Singh and Preet Singh.” 4. The pe(cid:25)(cid:25)oner's counsel prays for bail by imposing any stringent condi(cid:25)ons and contends that further pre-trial incarcera(cid:25)on would cause an irreversible injus(cid:25)ce to the pe(cid:25)(cid:25)oner and his family. 5. State counsel appears pursuant to advance no(cid:25)ce and submits that no formal reply is required and based on instruc(cid:25)ons, he opposes the bail. 6. Counsel for the complainant submits that he has no objec(cid:25)on in case, this Court grants bail to the pe(cid:25)(cid:25)oner as the ma/er stands compromised. 7. There is sufficient primafacie evidence connec(cid:25)ng the pe(cid:25)(cid:25)oner with the alleged crime. However, pre-trial incarcera(cid:25)on should not be a replica of post-convic(cid:25)on sentencing. 8. As per paragraph 7 of the bail pe(cid:25)(cid:25)on, the pe(cid:25)(cid:25)oner has been in custody since 05.09.2024. Per the custody cer(cid:25)ficate dated 20.01.2025, the pe(cid:25)(cid:25)oner’s total custody in this FIR is 04 months and 13 days. 9. Given the nature of allega(cid:25)ons and the fact that ma/er stands compromised JYOTI 2025.01.24 14:32 I attest to the accuracy and integrity of this order/judgment. 2 CRM-M-2021-2025 between the par(cid:25)es, this Court does not deem it appropriate to keep the pe(cid:25)(cid:25)oner in custody, as such, this case is not for further custodial interroga(cid:25)on or pre-trial incarcera(cid:25)on. 10. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allega(cid:25)ons and no objec(cid:25)on of complainant to bail and the other factors peculiar to this case, there would be no jus(cid:25)fiability for further pre-trial incarcera(cid:25)on at this stage. 11. Without commen(cid:25)ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men(cid:25)oned above, the pe(cid:25)(cid:25)oner makes a case for bail. This order shall come into force from the (cid:25)me it is uploaded on this Court's official webpage. 12. Given above, provided the pe(cid:25)(cid:25)oner is not required in any other case, the pe(cid:25)(cid:25)oner shall be released on bail in the FIR cap(cid:25)oned above subject to furnishing bonds to the sa(cid:25)sfac(cid:25)on of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep(cid:25)ng the surety, the concerned Court must be sa(cid:25)sfied that if the accused fails to appear, such surety can produce the accused. 13. While furnishing a personal bond, the pe(cid:25)(cid:25)oner shall men(cid:25)on the following personal iden(cid:25)fica(cid:25)on details: 1. AADHAR number 2. Passport number (If available) and when the a/es(cid:25)ng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) E-Mail id (If available) 4. 14. This order is subject to the pe(cid:25)(cid:25)oner’s complying with the following terms. 15. The pe(cid:25)(cid:25)oner shall abide by all statutory bond condi(cid:25)ons and appear before the concerned Court(s) on all dates. The pe(cid:25)(cid:25)oner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court. 16. This bail is condi(cid:25)onal, and the founda(cid:25)onal condi(cid:25)on is that if the pe(cid:25)(cid:25)oner indulges in any non-bailable offense, the State may file an applica(cid:25)on for cancella(cid:25)on of this bail before the Sessions Court, which shall be at liberty to cancel this bail. JYOTI 2025.01.24 14:32 I attest to the accuracy and integrity of this order/judgment. 3 CRM-M-2021-2025 17. Any observa(cid:25)on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 18. A cer(cid:25)fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe(cid:25)(cid:25)oner can download this order along with case status from the official web page of this Court and a/est it to be a true copy. If the a/es(cid:25)ng officer wants to verify its authen(cid:25)city, such an officer can also verify its authen(cid:25)city and may download and use the downloaded copy for a/es(cid:25)ng bonds. 19. Pe++on allowed in terms men(cid:25)oned above. All pending applica(cid:25)ons, if any,
Decision
stand disposed of. 21.01.2025 Jyo+-II Whether speaking/reasoned: Whether reportable: Yes No. (ANOOP CHITKARA) JUDGE JYOTI 2025.01.24 14:32 I attest to the accuracy and integrity of this order/judgment. 4