29.04.2025 MAKHAN SINGH v. CORAM: HON’BLE
Case Details
CRM-M-14954-2025 -1- 256 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-14954-2025 Reserved on : 07.04.2025 Pronounced on: 29.04.2025 MAKHAN SINGH ...PETITIONER STATE OF PUNJAB AND ORS. ...RESPONDENTS VERSUS CORAM: HON’BLE MR. JUSTICE ANOOP CHITKARA Argued by: Mr. Simranjeet Singh Sarwara, Advocate for the petitioner. Mr. Rahul Jindal, AAG, Punjab.
Legal Reasoning
Ms.Gurpreet Kaur, Advocate for respondents No.2 and 3. **** ANOOP CHITKARA, J. (ORAL) FIR No. 102 Dated 26.10.2024 Police Station Ghanaur, District Patiala 115(2), Sections 109, 333, 351(2), 191(3), 190 of BNS, 2023 118, 1. The petitioner incarcerated in the FIR captioned above came before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail. 2. In paragraph 16 of the bail petition, the accused-petitioner has following criminal antecedents. (cid:1)(cid:2)(cid:3)(cid:4)(cid:5)(cid:6)(cid:3) (cid:7)(cid:8)(cid:9)(cid:4)(cid:5)(cid:6)(cid:3) (cid:10)(cid:11)(cid:12)(cid:13) (cid:14)(cid:15)(cid:15)(cid:13)(cid:16)(cid:17)(cid:13)(cid:17) (cid:18)(cid:6)(cid:19)(cid:20)(cid:21)(cid:13)(cid:4)(cid:1)(cid:12)(cid:11)(cid:12)(cid:20)(cid:6)(cid:16) (cid:22)(cid:3) (cid:25)(cid:3) (cid:23)(cid:24) (cid:26)(cid:30) (cid:25)(cid:26)(cid:3)(cid:27)(cid:26)(cid:3)(cid:25)(cid:27)(cid:25)(cid:23) (cid:27)(cid:29)(cid:3)(cid:27)$(cid:3)(cid:25)(cid:27)(cid:25)(cid:23) (cid:24)(cid:25)(cid:24)(cid:28)(cid:4)(cid:24)(cid:25)(cid:23)(cid:28)(cid:4)(cid:24)(cid:23)(cid:22)(cid:28)(cid:4) (cid:26)(cid:27)(cid:29)(cid:28)(cid:4)(cid:22)(cid:23)(cid:30)(cid:28)(cid:4)(cid:22)(cid:23)(cid:31)(cid:4) (cid:8)(cid:18) (cid:22)(cid:22)(cid:26)%(cid:25)&(cid:28)(cid:4)(cid:24)(cid:26)(cid:22)%(cid:25)&(cid:28)(cid:4) (cid:22)(cid:26)(cid:22)%(cid:24)&(cid:28)(cid:4)(cid:22)(cid:31)(cid:27)(cid:28)(cid:4)(cid:24)(cid:24)(cid:24)(cid:4) (cid:6)(cid:15)(cid:4)’(cid:5)(cid:1) !"(cid:11)(cid:16)(cid:11)#(cid:2)(cid:28)(cid:4)(cid:18)(cid:11)(cid:12)(cid:20)(cid:11)(cid:19)(cid:11) !"(cid:11)(cid:16)#(cid:11)(cid:2)(cid:28)(cid:4)(cid:18)(cid:11)(cid:12)(cid:20)(cid:11)(cid:19)(cid:11) 3. The facts and allegations are being taken from the translated version of the FIR, which reads as under: "Statement of Manoj Kumar Basal, son of Pratham Basal, resident of Village Hasanpur Jatta, Police Station Shambhu, District Patiala, aged approximately 22 years, Mobile number 8360095070. I, reside at the above address and am a student of BCA III at University College Ghanaur. Today, like every day, I came to college to study. At around 12:30 PM, I was sitting in the classroom studying, along with other students. My friend Sahil, son of Bakhshish Singh, resident of Village Sanauliya, District Patiala, was sitting next to me on the same desk. At that time, 5-6 unidentified young men entered the classroom. One of them, a clean-shaven young man named Makhan, resident of Renu Bala 2025.05.01 11:31 I attest to the accuracy and integrity of this document CRM-M-14954-2025 -2- Village Baghora, showed me a photo of a boy from our college. I told him I didn't know who it was. Then, Makhan and his companions started arguing with me and Sahil, threatening to kill us, and left the classroom. After about 5-6 minutes, Makhan and his friends returned. Makhan was holding a kirpan (dagger), and the others had sticks, baseball bats, and kirchs (smaller daggers). 2-3 of them were also wearing thick metal bracelets. Makhan suddenly attacked me with the intention to kill, striking me on the head with the kirpan he was holding. An unidentified young man struck me near the elbow with a kirch. Then, they attacked me with sticks and baseball bats. When Sahil tried to save me, Makhan struck his left middle finger with the kirpan, and an unknown person struck Sahil's right arm with a kirch. We shouted for help, and other students in the classroom also raised an alarm. Makhan and his companions threatened us and fled the scene with their weapons. The college principal and other staff arrived and took us to the government hospital in Ghanaur for treatment with the help of the students, where we are currently being treated. We, request that legal action be taken against Makhan and his unknown companions as we fear for our lives." 4. Counsel for the petitioner submits that the petitioner has been falsely implicated in the present FIR and he is not involved in any other case. The allegations against the petitioner are vague, concocted and made with the intention of maligning the petitioner's reputation. He further prays for bail by imposing any stringent conditions including surrender of fire arms, if any. In case, he repeats the offence or commit any offence, he would have no objection, if State files an application for cancellation of his bail and contends that pre-trial incarceration would cause an irreversible injustice to the petitioner and his family. 5. The State’s counsel opposes bail on the ground that custody is less and petitioner has attributed specific role referred in the reply. 6. (cid:6)#(cid:16)(cid:17)(cid:13)(cid:19)(cid:4)(cid:15)(cid:6)(cid:2)(cid:4)(cid:2)(cid:13)(cid:17)((cid:6)(cid:16))(cid:13)(cid:16)(cid:12)(cid:17)(cid:4)(cid:5)(cid:6)(cid:3)(cid:25)(cid:4)(cid:11)(cid:16))(cid:4)(cid:24)(cid:4)(cid:17)#*+(cid:20)(cid:12)(cid:17)(cid:4)(cid:12)"(cid:11)(cid:12)(cid:4)(cid:12)"(cid:13),(cid:4)"(cid:11)-(cid:13)(cid:4)(cid:16)(cid:6)(cid:4)(cid:6)*.(cid:13)(cid:21)(cid:12)(cid:20)(cid:6)(cid:16)(cid:4)(cid:20)(cid:15)(cid:4)*(cid:11)(cid:20)(cid:19)(cid:4)(cid:20)(cid:17) /(cid:2)(cid:11)(cid:16)(cid:12)(cid:13))(cid:4)(cid:12)(cid:6)(cid:4)(cid:12)"(cid:13)(cid:4)((cid:13)(cid:12)(cid:20)(cid:12)(cid:20)(cid:6)(cid:16)(cid:13)(cid:2)(cid:4)*(cid:13)(cid:21)(cid:11)#(cid:17)(cid:13)(cid:4)(cid:12)"(cid:13),(cid:4)"(cid:11)-(cid:13)(cid:4)(cid:21)(cid:6)+((cid:2)(cid:6)+(cid:20)(cid:17)(cid:13))(cid:4)(cid:12)"(cid:13)(cid:4)+(cid:11)(cid:12)(cid:12)(cid:13)(cid:2)(cid:3) REASONING: 7. Co-accused has been granted bail by the Sessions Court and matter stands compromised, there is sufficient primafacie evidence connecting the petitioner with the alleged crime. However, pre-trial incarceration should not be a replica of post-conviction sentencing. 8. Per paragraph of the bail petition, the petitioner has been in custody since October, 2024. Per the custody certificate dated 06.04.2025, the petitioner’s total custody in this FIR is more than 05 months. 9. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegations and the other factors peculiar to this case, Renu Bala 2025.05.01 11:31 I attest to the accuracy and integrity of this document CRM-M-14954-2025 -3- there would be no justifiability further pre-trial incarceration at this stage. 10. Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail. This order shall come into force from the time it is uploaded on this Court's official webpage. 11. Given above, provided the petitioner is not required in any other case, the petitioner shall be released on bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Court must be satisfied that if the accused fails to appear, such surety can produce the accused. 12. While furnishing a personal bond, the petitioner shall mention the following personal identification details: 1. AADHAR number 2. Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 13. This order is subject to the petitioner’s complying with the following terms. 14. The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioner 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. 15. Given the nature of the allegations and the other circumstances peculiar to this case, the petitioner shall not enter the property, workplace, and residence of the victim until the statements of all non-official and informal witnesses in the trial are recorded. This Court is imposing this condition to rule out any attempt by the accused to incapacitate, influence, or cause any discomfort to the victim. Reference be made to Vikram Singh v Central Bureau of Investigation, 2018 All SCR (Crl.) 458); and Aparna Bhatt v. The State of Madhya Pradesh, 2021:INSC:192, 2021 SCC Online SC 230. 16. Given the background of allegations against the petitioner, it becomes paramount to protect the victim, and their family members, as well as the members of society, and incapacitating the accused would be one of the primary options until the filing of the closure report or discharge, or acquittal. Consequently, it would be appropriate to restrict the possession of firearm(s). [This restriction is being imposed based on the preponderance of evidence of probability and not of evidence of certainty, i.e., beyond reasonable doubt; and as such, it is not to be construed as an intermediate sanction]. Given the nature of the allegations and the other circumstances peculiar to this case, the petitioner shall surrender all weapons, firearms, and ammunition, if any, along with the arms license to the concerned authority Renu Bala 2025.05.01 11:31 I attest to the accuracy and integrity of this document within fifteen days from release from prison and inform the Investigator about the CRM-M-14954-2025 -4- compliance. However, subject to the Indian Arms Act, 1959, the petitioner shall be entitled to renew and take it back in case of acquittal in this case, provided otherwise permissible in the concerned rules. Restricting firearms would instill confidence in the victim(s), their families, and society; it would also restrain the accused from influencing the witnesses and repeating the offense. 17. The conditions mentioned above imposed by this court are to endeavor to reform and ensure the accused does not repeat the offense. In Mohammed Zubair v. State of NCT of Delhi, 2022:INSC:735 [Para 28], Writ Petition (Criminal) No 279 of 2022, Para 29, decided on July 20, 2022, A Three-Judge bench of Hon’ble Supreme Court holds that “The bail conditions imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be proportional to the purpose of imposing them. The courts, while imposing bail conditions must balance the liberty of the accused and the necessity of a fair trial. While doing so, conditions that would result in the deprivation of rights and liberties must be eschewed.” 18. It is clarified that if the petitioner violates any bail condition, the State and/or the victim may file an application for bail cancellation before the trial court, which shall be competent to cancel the bail or add more conditions. Furthermore, if the petitioner moves for deletion or dilution of any bail conditions, the trial court is empowered to do so. 19. This bail is conditional, and the foundational condition is that if the petitioner indulges in any non-bailable offense, the State shall file an application for cancellation of this bail before the Sessions Court, which shall have the liberty to cancel this bail. 20. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 21. A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. 22. Petition allowed in terms mentioned above. All pending applications, if any, stand
Decision
disposed of. 29.04.2025 renubala Whether speaking/reasoned: Whether reportable: Yes/No Yes/No (ANOOP CHITKARA) JUDGE Renu Bala 2025.05.01 11:31 I attest to the accuracy and integrity of this document