The High Court
Case Details
CRM-M-4934-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-4934-2025 Reserved on: 13.02.2025 Pronounced on: 19.02.2025 Sonu ...Pe(cid:9)(cid:9)oner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present:
Legal Reasoning
Mr. Sahil Vashisht, Advocate, for the pe(cid:9)(cid:9)oner. Mr. Akshay Kumar, AAG, Punjab. ANOOP CHITKARA, J. **** FIR No. Dated Police Sta0on Sec0ons 218 30.08.2023 Sahnewal, District Ludhiana 379-B (2) and 34 IPC (Sec(cid:9)ons 506 and 411 IPC added later on) 1. The pe(cid:9)(cid:9)oner incarcerated in the FIR cap(cid:9)oned above had come up before this Court under Sec(cid:9)on 483 of Bhara(cid:9)ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail. 2. As per paragraph 9 of the bail pe(cid:9)(cid:9)on, the pe(cid:9)(cid:9)oner is also involved in other cases but details of the same are not men(cid:9)oned. However, as per the custody cer(cid:9)ficate dated 12.02.2025, the accused has the following criminal antecedents: Sr. No. 1. FIR No. 222 Dated 01.09.2023 2. 3. 4. 5. 6. 210 223 217 124 166 20.08.2023 01.09.2023 30.08.2023 31.08.2023 11.08.2023 Offenses 379-B (2), 148, 149 IPC, 25/54/59 of Arms Act 379-B (2), 506, 34 IPC 25-54-59 of Arms Act 379-B (2), 34 IPC 379-B (2), 34 IPC 379-B (2), 34 IPC Police Sta0on Sahnewal Sahnewal Sahnewal Sahnewal Focal Point Divn. No.6 Industrial Area 3. The facts and allega(cid:9)ons are being taken from the translated copy of the FIR annexed with the pe(cid:9)iton, which reads as follows: “Statement of Mantosh Son of Hardev Resident of Village Baroli Police Sta(cid:26)on Baliya UP at present resident of Gali no. 1, Ganpa(cid:26) Colony Back Side Sigma College Jaspal Bagar Police Sta(cid:26)on Sahnewal Ludhiana aged 1 JYOTI 2025.02.19 15:31 I attest to the accuracy and integrity of this order/judgment. CRM-M-4934-2025 about 26 years Mobile no. 98031-xxxx stated that I am a resident of above said address and is working in a factory under name & style of Progressive Factory, near Eastman Chowk, Ludhiana. On 27.03.2023 at about 11.30 PM, I along with my friends Munish and Durgesh were going to home on Ac(cid:26)va bearing No. PB10-HU-6836 a:er dropping my rela(cid:26)ve at Railway Sta(cid:26)on, Dhandari. When we reached near Satsang Ghar, Lohara, Gate No.1, then six boys with hair cut on two motorcycles stopped my Ac(cid:26)va, by stopping Motorcycle no. PB10-HH-9499 while the other motorcyclist bearing No. PB10-EM-4856 came from their backside. Three occupants of the motorcycle on rear side, while being armed with iron daats started bea(cid:26)ng me through the blunt side of the daats. They even gave daat blow on the person of Munish, my friend. Blood started oozing from his person. They were referring each other as Sandeep, Sonu, Anda, Munish, Dev and Ni(cid:26)n. But I can recognize all above said person that come before me. When I and my friends raised hue and cry, then motorcyclists along-with their motorcycle stole my Ac(cid:26)va and rushed away towards Lohara Road to whom I con(cid:26)nued to search for them, but I did not find anything. Legal ac(cid:26)on should be taken against two motorcyclists namely Sandeep, Sonu, Anda, Munish, Dev and Ni(cid:26)n. I record my statement, heard and the same is correct. SD/- Mantosh verified by SI Rajwant Singh No. 315/ Ludhiana In charge Chowki, Kanganwal, Police Sta(cid:26)on Sahnewal. Dated 30-08-2023 Police Proceedings Today me SHO along with SB Gurmukh Singh no. 203/LCP, Constable Jasvir Singh no. 1407/Ldh, Constable Harjinder Singh no. 343/Ldh were present at near Eastman Chowk, Ludhiana in connec(cid:26)on with the search for a suspicious man. Then above said Mantosh came and recorded their statement to me. The statement which I was recorded, word by word read out to him, who a:er listening and by agreeing, signed the same in English which was verified by me SB. From the statement offence under Sec(cid:26)on 379-B(2), 34 of Indian Penal Code 1860 seems to be commiGed. So ruqa and statement is sent through Constable Harjinder Singh no. 343/Ldh for registra(cid:26)on of case against two motorcyclists namely Sandeep, Sonu, Anda, Munish, Dev and Ni(cid:26)n to police sta(cid:26)on. A:er registra(cid:26)on of case, the case number be made known. Control room in(cid:26)mated through wireless. Special reports be issued.” 4. The pe(cid:9)(cid:9)oner's counsel prays for bail by imposing any stringent condi(cid:9)ons and contends that further pre-trial incarcera(cid:9)on would cause an irreversible injus(cid:9)ce to the pe(cid:9)(cid:9)oner and his family. JYOTI 2025.02.19 15:31 I attest to the accuracy and integrity of this order/judgment. 2 CRM-M-4934-2025 5. The State’s counsel opposes bail based on instruc(cid:9)ons. REASONING: 6. There is sufficient primafacie evidence connec(cid:9)ng the pe(cid:9)(cid:9)oner with the alleged crime. However, pre-trial incarcera(cid:9)on should not be a replica of post-convic(cid:9)on sentencing. As per the custody cer(cid:9)ficate dated 12.02.2025, the pe(cid:9)(cid:9)oner’s total custody in this FIR is one year, five months and eight days, as such, there is no need of State reply, if (cid:9)me is given that will only delay the maEer. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allega(cid:9)ons, and the other factors peculiar to this case, there would be no jus(cid:9)fiability for further pre-trial incarcera(cid:9)on at this stage. 7. Without commen(cid:9)ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men(cid:9)oned above, the pe(cid:9)(cid:9)oner makes a case for bail. 8. Given above, provided the pe(cid:9)(cid:9)oner is not required in any other case, the pe(cid:9)(cid:9)oner shall be released on bail in the FIR cap(cid:9)oned above subject to furnishing bonds to the sa(cid:9)sfac(cid:9)on of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep(cid:9)ng the surety, the concerned Court must be sa(cid:9)sfied that if the accused fails to appear, such surety can produce the accused. 9. While furnishing a personal bond, the pe(cid:9)(cid:9)oner shall men(cid:9)on the following personal iden(cid:9)fica(cid:9)on details: 1. AADHAR number 2. Passport number (If available) and when the aEes(cid:9)ng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) E-Mail id (If available) 4. 10. This order is subject to the pe(cid:9)(cid:9)oner’s complying with the following terms. 11. The pe(cid:9)(cid:9)oner shall abide by all statutory bond condi(cid:9)ons and appear before the concerned Court(s) on all dates. The pe(cid:9)(cid:9)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. 12. JYOTI 2025.02.19 15:31 I attest to the accuracy and integrity of this order/judgment. This bail is condi(cid:9)onal, and the founda(cid:9)onal condi(cid:9)on is that if the pe(cid:9)(cid:9)oner 3 CRM-M-4934-2025 indulges in any non-bailable offense, the State may file an applica(cid:9)on for cancella(cid:9)on of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 13. The concerned trial court is authorized to delete, modify, or relax any of the above condi(cid:9)ons and shall be competent to do so in accordance with the law. 14. Any observa(cid:9)on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 15. A cer(cid:9)fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe(cid:9)(cid:9)oner can download this order along with case status from the official web page of this Court and aEest it to be a true copy. If the aEes(cid:9)ng officer wants to verify its authen(cid:9)city, such an officer can also verify its authen(cid:9)city and may download and use the downloaded copy for aEes(cid:9)ng bonds. 16. Pe00on allowed in terms men(cid:9)oned above. All pending applica(cid:9)ons, if any,
Decision
stand disposed of. 19.02.2025 Jyo0-II Whether speaking/reasoned: Whether reportable: Yes No. (ANOOP CHITKARA) JUDGE JYOTI 2025.02.19 15:31 I attest to the accuracy and integrity of this order/judgment. 4