The High Court
Case Details
CRM-M-3524-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-3524-2025 Reserved on: 04.02.2025 Pronounced on: 14.02.2025 Sukhwant Singh ...Pe(cid:15)(cid:15)oner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Paviterdeep Singh Bhinder, Advocate for the pe(cid:15)(cid:15)oner. Mr. Akshay Kumar, AAG, Punjab. **** ANOOP CHITKARA, J.
Legal Reasoning
FIR No. Dated Police Sta/on Sec/ons 193 10.11.2024 Dirba, Dis.. Sangrur 125, 351, 3(5) of BNS, 2023 & 25, 27, 54, 59 of Arms Act (Sec(cid:15)ons 109, 324(4) and 61(2) BNS, 2023 added later on) 1. The pe(cid:15)(cid:15)oner incarcerated in the FIR cap(cid:15)oned above had come up before this Court under Sec(cid:15)on 483 of Bhara(cid:15)ya Nagarik Suraksha Sanhita, 2023, [BNSS] (Earlier Sec(cid:15)on 439 CrPC), seeking regular bail. 2. In paragraph 20 of the bail pe(cid:15)(cid:15)on, the accused declares that he has no criminal antecedents. 3. The facts and allega(cid:15)ons are being taken from the status report filed by the State, which reads as follows: “2. That pursuant to the order, it is submi(cid:21)ed that the brief facts of the instant FIR No.193 dated 10.11.2024 for offence under sec"on 125, 351, 3(5) BNS 2023 (sec"on 109 BNS added later on vide DDR No. 36 dated 12.11.2024) and sec"ons 25, 27 of Arms Act P.S. Dirba are that, the present FIR was registered against un-known persons on the basis of statement of the complainant namely Karamjeet Singh @ Karma son of Shera Singh resident of Shadiheri, at P.S. Dirba, District Sangrur, with the 1 JYOTI 2025.02.15 12:31 I attest to the accuracy and integrity of this order/judgment. CRM-M-3524-2025 allega"on that, "On 09.11.2024, he (complainant) and his family, during night "me, a9er having dinner, had slept and on 10.11.2024 at around 01:15 AM, he woke up for urina"on purpose and his younger brother Hardeep Singh also woke up and then they both came to the courtyard and he (complainant) went towards the roof of his house (Kotha) and saw that one car was stopped in front of the main gate of his house. One un- known person came out from the conductor seat and one unknown person seen coming out from the back seat and the unknown driver of the car, a9er star"ng the car, was si=ng inside the car. Then the person who had come out from the conductor seat, holding pistol/revolver in his hands, made two con"nuous fires towards main gate of his house and then they fled away from the spot with weapon alongwith said car. The incident was captured in the CCTV camera installed in his house. On discussing, he (complainant) and his family members came to know that on dated 09.11.2024, one unknown person, for the purpose of purchase of buffalo, had come to his brother Hardeep Singh in Car No. DL-4-CNB-7665 make Scorpio, to whom, his brother Hardeep Singh told that Karam Singh has no buffalo. A9er the death of his brother Major Singh, his wife Swarnjit Kaur, as per social custom, became his responsibility and from the loins of his brother Major Singh, Swarnjit Kaur has one daughter Rupinder Kaur and one son Jashanpreet Singh. His niece Rupinder Kaur, now-a-days, is residing in America, whose marriage has taken place with Navdeep Singh son of Randeep Singh resident of Arjan Walanear Adampur District Jalandhar. Randeep Singh (father of hisson-in-law Navdeep Singh) has been making phone calls to him (complainant) and his rela"ves, with regard to money transac"on. He (Randeep Singh) also blame us that due to Rupinder Kaur, a distance has come in the rela"ons between him and his son Navdeep Singh, due to which he is residing separately from him (Randeep Singh). Ac"on be taken against above said un-known persons" On the basis of said statement of Karamjit Singh @ Karma, present FIR was registered against un-known persons.” 4. The pe(cid:15)(cid:15)oner's counsel prays for bail by imposing any stringent condi(cid:15)ons and contends that further pre-trial incarcera(cid:15)on would cause an irreversible injus(cid:15)ce to the pe(cid:15)(cid:15)oner and his family. 5. 6. JYOTI 2025.02.15 12:31 I attest to the accuracy and integrity of this order/judgment. The State’s counsel opposes bail and refers to the status report. It would be appropriate to refer to para 12(A) of the status report, which read as 2 CRM-M-3524-2025 follows: “12. A. ROLE OF THE PETITIONER: The present FIR was registered against three un-known persons on the basis of statement of Karamjeet Singh @ Karma. During inves"ga"on, on the basis of facts came on file persons namely Sandeep Singh @ Soni, Gurpreet Singh @ Gaggu and Varinder Singh were nominated as accused in this case. On 13.11.2024, during inves"ga"on Hardeep Singh (brother of complainant) recorded his supplementary statement that on 09.11.2024, accused Sandeep Singh did reiky through scorpio car bearing No.DL 4CNB 7665 during day "me, at that "me, his father Sukhwant Singh @ Sukhdev Singh (now pe""oner) was also remain present with him. On the basis of supplementary statement of Hardeep Singh, persons namely Sukhwant Singh @ Sukhdev Singh (father of accused Sandeep Singh @ Soni) and his co-accused were nominated as accused in this case vide DDR No. 55 dated 13.11.2024. It was duly substan"ated that accused Sandeep Singh @ Soni did reiki on 09.11.2024. There a9er, accused Sandeep Singh @ Soni, Varinder Singh and Gurpreet Singh @ Gaggu in connivance with each other made firing upon the complainant house with the inten"on to kill Hardeep Singh. As per statement of Hardeep Singh (brother of complainant), accused Sandeep Singh did reiky through scorpio car bearing No.DL 4CNB 7665 during day "me, at that "me, his father Sukhwant Singh @ Sukhdev Singh (now pe""oner) was also remain present with him. So, a specific role is a(cid:21)ributed to the pe""oner in the commission of present offence.” REASONING: 7. There is sufficient primafacie evidence connec(cid:15)ng the pe(cid:15)(cid:15)oner with the alleged crime. However, pre-trial incarcera(cid:15)on should not be a replica of post-convic(cid:15)on sentencing. As per paragraph 18 of the bail pe(cid:15)(cid:15)on, the pe(cid:15)(cid:15)oner has been in custody since 27.12.2024. As per the same, the pe(cid:15)(cid:15)oner’s total custody in this FIR is around one month and ten days. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allega(cid:15)ons, and the other factors peculiar to this case, there would be no jus(cid:15)fiability for further pre-trial incarcera(cid:15)on at this stage. 8. Without commen(cid:15)ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men(cid:15)oned above, the pe(cid:15)(cid:15)oner makes a case for bail. This order shall come into force from the (cid:15)me it is uploaded on this Court's JYOTI 2025.02.15 12:31 I attest to the accuracy and integrity of this order/judgment. 3 CRM-M-3524-2025 official webpage. 9. Given above, provided the pe(cid:15)(cid:15)oner is not required in any other case, the pe(cid:15)(cid:15)oner shall be released on bail in the FIR cap(cid:15)oned above subject to furnishing bonds to the sa(cid:15)sfac(cid:15)on of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep(cid:15)ng the surety, the concerned Court must be sa(cid:15)sfied that if the accused fails to appear, such surety can produce the accused. 10. While furnishing a personal bond, the pe(cid:15)(cid:15)oner shall men(cid:15)on the following personal iden(cid:15)fica(cid:15)on details: 1. AADHAR number 2. Passport number (If available) and when the a.es(cid:15)ng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) E-Mail id (If available) 4. 11.
Legal Reasoning
This order is subject to the pe(cid:15)(cid:15)oner’s complying with the following terms. 12. The pe(cid:15)(cid:15)oner shall abide by all statutory bond condi(cid:15)ons and appear before the concerned Court(s) on all dates. The pe(cid:15)(cid:15)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. 13. The inves(cid:15)ga(cid:15)on indicates that the pe(cid:15)(cid:15)oner is not the main accused, so the pe(cid:15)(cid:15)oner's bail shall not be treated as a precedent for gran(cid:15)ng bail to the other co- accused with a higher role. 14. This bail is condi(cid:15)onal, and the founda(cid:15)onal condi(cid:15)on is that if the pe(cid:15)(cid:15)oner indulges in any non-bailable offense, the State may file an applica(cid:15)on for cancella(cid:15)on of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 15. The concerned trial court is authorized to delete, modify, or relax any of the above condi(cid:15)ons and shall be competent to do so in accordance with the law. 16. Any observa(cid:15)on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 17. A cer(cid:15)fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe(cid:15)(cid:15)oner can download this order along with case status from the JYOTI 2025.02.15 12:31 I attest to the accuracy and integrity of this order/judgment. 4 CRM-M-3524-2025 official web page of this Court and a.est it to be a true copy. If the a.es(cid:15)ng officer wants to verify its authen(cid:15)city, such an officer can also verify its authen(cid:15)city and may download and use the downloaded copy for a.es(cid:15)ng bonds. 18. Pe//on allowed in terms men(cid:15)oned above. All pending applica(cid:15)ons, if any,
Decision
stand disposed of. 14.02.2025 Jyo(cid:15)-II Whether speaking/reasoned: Whether reportable: Yes No. (ANOOP CHITKARA) JUDGE JYOTI 2025.02.15 12:31 I attest to the accuracy and integrity of this order/judgment. 5