The High Court
Case Details
CRM-M-23174-2024 210 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-23174-2024 Date of Decision: 21.01.2025 Sagar @ To(cid:19)y ...Pe(cid:24)(cid:24)oner Versus State of Punjab and another …Respondents CORAM:
Legal Reasoning
Although 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 the same for the bail stage. 10. The pe(cid:24)(cid:24)oner was granted interim protec(cid:24)on, and during the interregnum, there is no allega(cid:24)on that he had in(cid:24)midated the witnesses, hampered the inves(cid:24)ga(cid:24)on, or, despite being called to join the inves(cid:24)ga(cid:24)on, did not appear before the inves(cid:24)gator. Given the above, there would be no jus(cid:24)fica(cid:24)on to discon(cid:24)nue the interim protec(cid:24)on, which is made absolute subject to the pe(cid:24)(cid:24)oner complying with the terms of the bail order and the following addi(cid:24)onal condi(cid:24)ons. 11. Given the background of allega(cid:24)ons against the pe(cid:24)(cid:24)oner, it becomes paramount to protect the complainant, witnesses, and members of society, and incapacita(cid:24)ng the accused would be one of the primary op(cid:24)ons un(cid:24)l the filing of the closure report or discharge, or acqui(cid:19)al. Consequently, it would be appropriate to restrict the possession of firearm(s). [This restric(cid:24)on 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 sanc(cid:24)on]. Given the nature of the allega(cid:24)ons and the other circumstances peculiar to this case, the pe(cid:24)(cid:24)oner shall surrender all weapons, firearms, and ammuni(cid:24)on, if any, along with the arms license to the concerned authority within fiKeen days from release from prison and inform the Inves(cid:24)gator about the compliance. However, subject to the Indian Arms Act, 1959, the pe(cid:24)(cid:24)oner shall be en(cid:24)tled to renew and take it back in case of acqui(cid:19)al, provided otherwise permissible in the concerned rules. Restric(cid:24)ng firearms would ins(cid:24)ll JYOTI 2025.01.30 14:47 I attest to the accuracy and integrity of this order/judgment. 3 CRM-M-23174-2024 confidence in the vic(cid:24)m(s), their families, and society; it would also restrain the accused from influencing the witnesses and repea(cid:24)ng the offense. 12. 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. 13. Pe..on allowed in terms men(cid:24)oned above. Interim order dated 14.05.2024 is
Arguments
HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Mohit Giri, Advocate for the pe(cid:24)(cid:24)oner. Mr. Jasjit Singh, DAG, Punjab. **** ANOOP CHITKARA, J. FIR No. 235 Dated 28.09.2021 Police Sta.on Mo(cid:24) Nagar, District Ludhiana Sec.ons 307, 326, 323, 341, 506, 148, 149 IPC 1. The pe(cid:24)(cid:24)oner incarcerated in the FIR cap(cid:24)oned above had come up before this Court under Sec(cid:24)on 439 CrPC, 1973, seeking regular bail. 2. Vide order dated 14.05.2024, the pe(cid:24)(cid:24)oner was granted interim bail/protec(cid:24)on, which con(cid:24)nues to date. 3. The facts and allega(cid:24)ons are being taken from para 2 of the bail pe(cid:24)(cid:24)on, which reads as follows: “Statement of Darshana Kaur @ Simran Wife of Randhir Singh Resident of Green City Village Bhukhari Kalan Police Sta on Jamalpur District Ludhiana, aged about 60 years, Mob: No: 78140-xxxxx stated that I am the resident of above said address and I am a housewife. I was married to Randhir Singh in the year 1986. I have two sons, the elder son is namely Sonu alias Kaka and the younger son is namely Parvinder Singh alias Sunny, both of them are married. I work with my younger daughter-in-law Sukhwinder Kaur @ Sukhi regarding making tea, milk and ro etc. at the Suvidha center near D.S. Park Transport Nagar Ludhiana. We start our stall (costermonger) every morning around 10 AM and we used to close our stall (costermonger) at around 10:00 PM in the evening. On 26.09.2021 we both opened our stall as usual and due to high work load we got late then on 27.09.2021 the me JYOTI 2025.01.30 14:47 I attest to the accuracy and integrity of this order/judgment. 1 CRM-M-23174-2024 would be around 12:15 AM when I and my daughter-in-law Sukhwinder Kaur alias Sukho were about to close our stall (Costermonger) at our usual place i.e. place of occurrence i.e. backside Dhaba of Mahinder Near Dispensary Transport Nagar Ludhiana, then about 5-6 young men stopped my daughter-in-law Sukhwinder Kaur alias Sukho on the way, surrounded her and a=acked her with sharp weapons. Due to which they broke all the bones of my daughter-in-law's face including the Nasal bone and they had made her right eye completely disabled and many injuries were also inflicted on the thigh, regarding whom my daughter-in-law had told me earlier that To , Sanjay, Vicky Tanda and other uniden fied young persons' used to come and harass me at our stall and all these young persons, in connivance with each other, had caused injuries on her face, eye and on other body parts with sharp edged weapons and also extended threats to kill her. Due to the injuries being grievous, my daughter-in-law fell unconscious, then I called Gaurav son of Prashotam Lal resident of House No: 2650 Street No: 03, Mohalla Habibganj Police Sta on Division No: 02, near Civil Hospital Ludhiana, who arranged a ride and aDer making arrangements, my daughter-in-law was first admi=ed to Civil Hospital Ludhiana, who referred her to PGI Chandigarh aDer providing first aid. ADer we reached Chandigarh, but due to unavailability of bed at PGI Chandigarh, I and Gaurav again brought the pa ent Sukhwinder Kaur alias Sukho to CMC hospital Ludhiana where my daughter-in-law is undergoing treatment. Appropriate legal ac on should be taken against the above said To , Sanjay, Vicky Tunda and other uniden fied young persons. I have got recorded my statement today, heard and is accepted as correct.” 4. The pe(cid:24)(cid:24)oner's counsel prays for bail by imposing any stringent condi(cid:24)ons. The pe(cid:24)(cid:24)oner’s counsel argued that the custodial inves(cid:24)ga(cid:24)on would serve no purpose whatsoever and the pre-trial incarcera(cid:24)on would cause an irreversible injus(cid:24)ce to the pe(cid:24)(cid:24)oner and family. 5. 6. The State’s counsel opposes bail and refers to the reply. It would be appropriate to refer to the following por(cid:24)ons of the reply, which read as follows: “5. That during the course of further inves ga on, on 27.09.2021, the pe oner was arrested in the above noted FIR, who during interroga on confessed that he along with his accomplices had inflicted injuries on respondent no.2 and further the pe oner was duly iden fied by the JYOTI 2025.01.30 14:47 I attest to the accuracy and integrity of this order/judgment. 2 CRM-M-23174-2024 complainant as one of the accused, who had inflicted injuries on respondent no.2 and in this regard separate Iden fica on Memo was also prepared.” 7. Pe(cid:24)(cid:24)oner’s counsel submits that the pe(cid:24)(cid:24)oner had se(cid:19)led the ma(cid:19)er with the complainant because the pe(cid:24)(cid:24)oner was named as an accused under misconcep(cid:24)on. He has referred to affidavit given by the vic(cid:24)m, in which, she has explicitly men(cid:24)oned that she does not want to proceed against pe(cid:24)(cid:24)oner -Sagar @ To(cid:19)y. A perusal of the reply does not men(cid:24)on about the affidavit and contents. 8. On 14.05.2024, a co-ordinate Bench of this Court had granted interim bail to pe(cid:24)(cid:24)oner by observing as follows: “Contends, inter alia, that in view of affidavits dated 08.11.2021 and 27.03.2024 of vic m and respondent No. 2 respec vely, pe oner has no role in the present case.” 9.
Decision
made absolute. All pending applica(cid:24)ons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 21.01.2025 Jyo(cid:24)-II Whether speaking/reasoned: Whether reportable: Yes No. JYOTI 2025.01.30 14:47 I attest to the accuracy and integrity of this order/judgment. 4