PARDEEP AND ORS v. STATE OF HARYANA
Case Details
CRM-M-11092-2025 -1- 246 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-11092-2025 Date of decision: 10.03.2025 PARDEEP AND ORS. ...PETITIONERS VERSUS STATE OF HARYANA ...RESPONDENT CORAM: HON’BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Virender Soni, Advocate for the pe(cid:24)(cid:24)oners. Mr. Aashish Bishnoi, DAG, Haryana. **** ANOOP CHITKARA, J. (ORAL) (cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:2)(cid:3)(cid:4)(cid:5)(cid:4)(cid:5)(cid:6)(cid:7)(cid:1)(cid:8)(cid:6)(cid:9)(cid:1)(cid:10)(cid:3)(cid:11)(cid:12)(cid:13)(cid:14)(cid:9)(cid:1)(cid:15)(cid:14)(cid:5)(cid:13)(cid:1)(cid:12)(cid:7)(cid:16)(cid:3)(cid:9)(cid:1)(cid:17)(cid:3)(cid:18)(cid:4)(cid:5)(cid:6)(cid:7)(cid:1)(cid:19)(cid:20)(cid:21)(cid:1)(cid:15)(cid:22)(cid:17)(cid:17)
Legal Reasoning
FIR No. 362 Dated 08.06.2024 Police Sta(cid:24)on Sec(cid:24)ons City Rohtak, District Rohtak 323/365/34 IPC (Sec(cid:24)on 367 has been added later on) 1. The pe(cid:24)(cid:24)oners apprehending arrest in the FIR cap(cid:24)oned above has come up before this Court under Sec(cid:24)on 482 of Bhara(cid:24)ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an(cid:24)cipatory bail. 2. In paragraph 14 of the bail pe(cid:24)(cid:24)on, the accused declares that they have no criminal antecedents, however as per para 5 of the status report, pe(cid:24)(cid:24)oner No.1 has the following criminal history:- Sr. No. 1. FIR No. 97 Date/Year 2008 Offenses 279, 304 IPC Police Sta(cid:24)on Antra, Rajasthan 2. 40 24.02.2024 323, 506 IPC Aasoda, Jhajjar 3. The facts and allega(cid:24)ons are being taken from the reply filed by the State, which reads as follows: "That the facts of the case are that on 07.06.2024, MHC police sta(cid:24)on informed that Tarun (Complainant) son of Balram resident of Shiv Colony, Rohtak, is admiCed in General Hospital Rohtak for treatment due to injury, on which Renu Bala 2025.03.20 17:02 I attest to the accuracy and integrity of this document CRM-M-11092-2025 -2- informa(cid:24)on, ASI Sanjeet No. 197/Rohtak reached GH, Rohtak and received the leCer and MLR No. GH/MLR/RTK/152/2024 DT. 07.06.2024, (Copy of MLR annexure herewith as R1) in which concerned doctor men(cid:24)oned total of 4 injuries were caused by KUO BLUNT, aHer receiving the MLR and the leCer, when he reached the emergency gate, then they met complainant Tarun and he gave in wri(cid:24)ng that he will give his statement tomorrow aHer talking to his family, When ASI Sanjeet No. on 197/ Rohtak along with ESI Jagdish 332 reached GH Rohtak Ward for proceedings, there he found the Complainant present on bed no. 19, who presented his handwriCen applica(cid:24)on to ASI Sanjeet no. 197/ Rohtak sta(cid:24)ng that on 06.06.2024, at around 9:00pm, he was forcibly picked up and taken away in a car by Pardeep S/O Banisingh Pachal and Sombir S/O Banisingh and Suman and Kanta D/O Banisingh and Ishwar Chacha S/O Prabhu and one more person together picked him up from Rohtak and forcibly put him in the car and (cid:24)ed his hands and legs and kept bea(cid:24)ng him on the way. He was beaten with a s(cid:24)ck and beaten with a plas(cid:24)c pipe on his legs and was hit hard on his waist and stomach and was hit hard by keeping feet on his face and later they kept sprinkling salt. They asked for his phone code and cut and reset his phone recording etc. All and their proceedings/proof were deleted. All of them were trying to kill him together. These people (cid:24)ed him with a rope and thinking that he was dead, they went to sleep. He had fainted. Later in the night when he woke up and regained consciousness, these people were sleeping. Somehow he un(cid:24)ed the rope from their clutches and got out of there. Instead of going to his house, he reached Civil Hospital, Rohtak. He is geKng treatment. Now he is unable to walk or sit and he is badly injured. Please protect his life and property from them. They were saying that they will kill him today or tomorrow, so please save him from these people." 4. Pe(cid:24)(cid:24)oners' counsel submits that pe(cid:24)(cid:24)oners were earlier granted regular bail. However, aHer that 367 IPC was added and as such, pe(cid:24)(cid:24)oner apprehend the arrest. He further prays for bail by imposing any stringent condi(cid:24)ons and contends that further pre- trial incarcera(cid:24)on would cause an irreversible injus(cid:24)ce to the pe(cid:24)(cid:24)oners and their family. 5. State counsel opposes the bail pe(cid:24)(cid:24)on on the ground that an innocent person was thrashed by the pe(cid:24)(cid:24)oners. 6. It would be appropriate to refer to the following por(cid:24)ons of the reply, which read as follows: Role of the pe44oners: Pe(cid:24)(cid:24)oner No.1/Pardeep- He along with other co-accused/pe(cid:24)(cid:24)oners forcibly put complainant in a car (kidnapped), (cid:24)ed his hands and legs with rope and kept bea(cid:24)ng him on the way. He and pe(cid:24)(cid:24)oner No.2-Sombir beated him brutly by pipe Renu Bala 2025.03.20 17:02 I attest to the accuracy and integrity of this document CRM-M-11092-2025 -3- and also hit him hard on his waist and stomach and was hit hard by keeping feet on face of complainant. Pe(cid:24)(cid:24)oner No.2/Sombir- He along with other co-accused pe(cid:24)(cid:24)oners forcibly put complainant in a car, (cid:24)ed his hands and legs with the rope and kept bea(cid:24)ng him on the way. He and pe(cid:24)(cid:24)oner No.1-Pardeep beated him brutly by pipe and also hit him hard on his waist and stomach and was hit hard by keeping feet on face of complainant. Pe(cid:24)(cid:24)oner No.3/Manju @ Kanta- She along with other co-accused/pe(cid:24)(cid:24)oners forcibly put complainant in a car, (cid:24)ed his hands and legs with rope and kept bea(cid:24)ng him on the way and sprinkling salt upon the injuries of complainant. Pe(cid:24)(cid:24)oner No.4/Soman @ Suman- She along with other co-accused/pe(cid:24)(cid:24)oners forcibly put complainant in a car, (cid:24)ed his hands and legs with rope and kept bea(cid:24)ng him on the way and sprinkling salt upon the injuries of complainant. REASONING: 7. Earlier the pe(cid:24)(cid:24)oner was granCed bail for lesser offence now 367 IPC has been added which is not a ground to deny bail. Pre-trial incarcera(cid:24)on should not be a replica of post-convic(cid:24)on sentencing. The evidence might be prima facie sufficient to launch prosecu(cid:24)on or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of an(cid:24)cipatory bail. An analysis of the above does not jus(cid:24)fy custodial interroga(cid:24)on or pre-trial incarcera(cid:24)on. 8. Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allega(cid:24)ons and the other factors peculiar to this case, there would be no jus(cid:24)fiability for custodial interroga(cid:24)on or the pre-trial incarcera(cid:24)on at this stage, subject to the compliance of terms and condi(cid:24)ons men(cid:24)oned in this order. Without commen(cid:24)ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men(cid:24)oned above, the pe(cid:24)(cid:24)oner makes a case for bail. 9. Given above, provided the pe(cid:24)(cid:24)oner is not required in any other case, the pe(cid:24)(cid:24)oner shall be released on an(cid:24)cipatory bail in the FIR cap(cid:24)oned above subject to furnishing bonds to the sa(cid:24)sfac(cid:24)on of the Arres(cid:24)ng Officer, and if the maCer is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep(cid:24)ng the surety, the concerned Officer/Court must be sa(cid:24)sfied that if the accused fails to appear, such surety can produce the accused. 10. While furnishing a personal bond, the pe(cid:24)(cid:24)oner shall men(cid:24)on the following personal iden(cid:24)fica(cid:24)on details: 1. AADHAR number 2. Passport number (If available) and when the aCes(cid:24)ng officer/court considers it appropriate or considers the accused a flight risk. Renu Bala 2025.03.20 17:02 I attest to the accuracy and integrity of this document CRM-M-11092-2025 -4- 3. Mobile number (If available) E-Mail id (If available) 4. 11.
Legal Reasoning
This order is subject to the pe(cid:24)(cid:24)oner’s complying with the following terms. 12. The pe(cid:9)(cid:9)oner is directed to join the inves(cid:9)ga(cid:9)on within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Inves(cid:9)gator. The pe(cid:24)(cid:24)oner shall be in deemed custody for Sec(cid:24)on 27 of the Indian Evidence Act, 1872/ Sec(cid:24)on 23 of BSA, 2023. The pe(cid:24)(cid:24)oner shall join the inves(cid:24)ga(cid:24)on as and when called by the Inves(cid:24)ga(cid:24)ng Officer or any Superior Officer and shall cooperate with the inves(cid:24)ga(cid:24)on at all further stages as required. In the event of failure to do so, the prosecu(cid:24)on will be open to seeking cancella(cid:24)on of the bail. During the inves(cid:24)ga(cid:24)on, the pe(cid:24)(cid:24)oner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 13. The pe(cid:24)(cid:24)oner shall abide by all statutory bond condi(cid:24)ons and appear before the concerned Court(s) on all dates. The pe(cid:24)(cid:24)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. 14. In case the Inves(cid:24)gator/Officer-In-Charge of the concerned Police Sta(cid:24)on arraigns another sec(cid:24)on of any penal offense in this FIR, and if the new sec(cid:24)on prescribes a maximum sentence that is not greater than the sec(cid:24)ons men(cid:24)oned above, then this bail order shall be deemed to have also been passed for the newly added sec(cid:24)on(s). However, suppose the newly inserted sec(cid:24)ons prescribe a sentence exceeding the maximum sentence prescribed in the sec(cid:24)ons men(cid:24)oned above; then, in that case, the Inves(cid:24)gator/Officer-In- Charge shall give the pe(cid:24)(cid:24)oner no(cid:24)ce of a minimum of seven days, providing an opportunity to avail the remedies available in law. 15. This bail is condi(cid:24)onal, and the founda(cid:24)onal condi(cid:24)on is that if the pe(cid:24)(cid:24)oner indulges in any non-bailable offense, the State may file an applica(cid:24)on for cancella(cid:24)on of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 16. Any observa(cid:24)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:24)fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe(cid:24)(cid:24)oner can download this order along with case status from the official web page of this Court and aCest it to be a true copy. If the aCes(cid:24)ng officer wants to verify its authen(cid:24)city, such an officer can also verify its authen(cid:24)city and may download and use Renu Bala 2025.03.20 17:02 I attest to the accuracy and integrity of this document CRM-M-11092-2025 -5- the downloaded copy for aCes(cid:24)ng bonds. 18. Pe(cid:24)(cid:24)on allowed in terms men(cid:24)oned above. All pending applica(cid:24)ons, if any, stand
Decision
disposed of. 10.03.2025 renubala Whether speaking/reasoned: Whether reportable: Yes/No Yes/No ( ANOOP CHITKARA) JUDGE Renu Bala 2025.03.20 17:02 I attest to the accuracy and integrity of this document