Joga Singh v. State of Punjab
Case Details
CRM-M-10984-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1 CRM-M-10984-2025 Reserved on: 22.04.2025 Pronounced on: 29.04.2025 Joga Singh ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present:
Legal Reasoning
Mr. Prateek Pandit, Advocate for the petitioner. Mr. Adesh Pal Singh, AAG, Punjab. Mr. Nitin Narula, Advocate for the complainant. **** ANOOP CHITKARA, J. FIR No. Dated Police Station Sections 0128 28.10.2022 Bhindi Saidan, 302, 427 IPC District Amritsar (Rural) 1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail. 2. In paragraph 14 of the bail petition, the accused declares that he has no criminal antecedents. 3. The facts and allegations are being taken from the reply filed by the State, which reads as follows: “That the brief and relevant facts of the case are that the aforesaid FIR No. 128 dated 28.10.2022 was registered on the basis of the statement of Harmanjot Singh son of Surjit Singh, who had alleged therein that his elder brother Joga Singh was in the search of work and on 27.10.2022 at 06:00 PM, he had gone from his house on his Hero motorcycle No. PB- 02-CD-2958 but he did not return home and at about 09:20 PM, that he received a telephone call from a girl from mobile number 97819-84520 who stated that his brother Joga Singh had come to meet her and had 1 ANJU RANI 2025.04.30 09:54 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh CRM-M-10984-2025 2 returned home after meeting her and when he asked about her identity, she disclosed her name was Raj Kaur @ Rajji. He further stated that as his brother Joga Singh did not get back home, then he along with his father Surjit Singh and mother &a went for his search till 01:00 AM - 2:00 AM and as his brother was found nowhere they returned back and on 28.10.2022, at about 11:00 AM. when they reached near Bus Stop Dug Toot in order to search his brother, an unknown person informed them that a dead body of a young man was lying on the side of the road leading to village Saidpur along with a smashed motorcycle and when he along- with his parents reached at the spot, the dead body of his brother Joga Singh and his motor cycle was found and he had a suspicion that some unknown person had murdered his brother and dumped his body. The detailed facts mentioned in the aforesaid statement is attached with the petition as Annexure P-1, FIR No. 128 dated 28.10.2022 which may kindly be read as the part of this paragraph please, as same is not repeated for the sake of brevity.” 4. The petitioner's counsel submitted that petitioner is not related to the woman in question which could have been a motive and he was simply a neighbour. He further submits that petitioner was not named in the FIR and he was nominated on the basis of disclosure statement. Counsel further prays for bail by imposing any stringent conditions and contends that pre-trial incarceration would cause an irreversible injustice to the petitioner and their family. He further submits that petitioner’s name was surfaced in the disclosure statement of co-accused. 5. The State’s counsel opposes bail and refers to the reply. Complainant’s counsel vehemently opposes the bail and made the following submissions:- “I wish to bring to your notice that in relation to the murder case of my brother, an FIR No. 128 under Section 302 IPC, etc., was registered at Police Station Bhindi Saidan against the accused Joga Singh son of Sucha Singh and others. After the registration of the said case, the accused Joga Singh obtained bail from the Court and, upon returning to the village, started issuing threats to me and my family members. Joga Singh and his accomplice, Billa Doctor, have been putting pressure on us that if we do not withdraw the abovementioned case, they will get us killed. Joga Singh openly said that he has connections with gangsters and cannot do anything to that we him. Joga Singh threatened me on 03.04.2025 at around 4 PM near the outskirts (Firni) of the village and again on ANJU RANI 2025.04.30 09:54 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 04.04.2025 outside my house.” 2 CRM-M-10984-2025 6. It would be appropriate to refer to the following portions of the reply, which read 3 as follows: “Weapons and Injuries attributed to the petitioner 9. That it is humbly submitted that no weapon or injury is attributed to the petitioner in the present case. The allegations against the petitioner is that Joga Singh (present petitioner-accused) along with his father Sucha Singh caught Joga Singh (deceased) from his arms when Sukha Singh and Major Singh inflicted injuries upon Joga Singh resulting into his death. Evidence based on which the petitioner was arraigned as an accused 10. That it is humbly submitted that the petitioner was arraigned as accused on the basis of disclosure statements of the co-accused Sukha Singh and Major Singh, wherein they had disclosed that Sucha Singh and accused Joga Singh (present petitioner-accused) caught Joga Singh (deceased) from his arms and they caused injuries upon Joga Singh resulting into the death of Joga Singh. Evidence against the petitioner 11. That during the investigation, the statement of Sukhdev Singh, Member-Panchayat, was also recorded on 06.11.2022, who had stated that on 05.11.2022 at about 08:00 PM, he was present at his house and the petitioner, co-accused Major Singh, Sucha Singh and Sukha Singh came at his house and confessed before him about the murder of deceased Joga Singh. x x x x 14. That as per the prosecution version, the petitioner after sharing a common intention with the co-accused Sucha Singh, Sukha Singh and Major Singh had caught hold of the deceased Joga Singh from his arms along with his father Sucha Singh and the co-accused Sukha Singh and Major Singh caused injuries upon Joga Singh resulting into his death. REASONING: 7. Allegations against the petitioner are that he along with co-accused Sucha Singh, Major Singh and his father Sucha Singh, killed the victim/deceased Joga Singh. Role attributed to the petitioner is that he caught hold the deceased from his arms and other co- accused caused injuries, which resulted into his death. 8. A perusal of the bail petition and the documents attached primafacie points towards the petitioner’s involvement and does not make out a case for anticipatory bail. The impact of crime would also not justify anticipatory bail. Any further discussions will likely prejudice the petitioner; this court refrains from doing so. ANJU RANI 2025.04.30 09:54 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 3 CRM-M-10984-2025 9. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 4 10. Petition dismissed. Interim orders are recalled with immediate effect. All pending
Decision
applications, if any, are disposed of. (ANOOP CHITKARA) JUDGE 29.04.2025 anju rani Whether speaking/reasoned: Yes No. Whether reportable: ANJU RANI 2025.04.30 09:54 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 4