Sheebu v. State of Haryana
Case Details
CRM-M-21232-2025 266 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-21232-2025 Date of Decision: 23.07.2025 Karamjit Singh @ Sheebu ...Petitioner Versus State of Haryana …Respondent CORAM:
Legal Reasoning
HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Nonish Kumar, Advocate for the petitioner. Ms. Jasmine Gill, A.A.G., Haryana. ANOOP CHITKARA, J. **** FIR No. Dated Police Station Sections 388 23.10.2024 Taraori, District 406, 420, 120-B IPC (Section Karnal 201 IPC and 24 of Immigration Act added later on) 1. The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail. 2. Per paragraph 20 of the bail application and 11 of the reply, the petitioner has the following criminal antecedents: Sr. No. 1. FIR No. Date 337 21.04.2022 Offenses 294, 323, 354A, 506, 509, 120-B IPC Police Station Sadar 3. The facts and allegations are being taken from the translated version of FIR, which reads as follows: “To, The Superintendent of Police Saheb, Karnal. Subject: Application Against 1. Rajwant Singh Mob. 9996260340 Son of Shri Hardeep Singh, Resident of Dera Kaithal Road, District Karnal 2. Karamjit Singh, Mob.: 8607433444 Son of Baldev Singh, Resident of Village Dadupur Khurd, District Karnal 3. Manjit son of Shri Shakha Purushottam Das, Resident of Village Nissing, 1 Jyoti Sharma 2025.07.25 17:16 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRM-M-21232-2025 District Karnal for commiting fraud of Rs. 15,00,000/- in the name of sending abroad and threatening to kill and assault by conducting human trafficking. Sir, 1, Mahindra Singh son of Shri Jeeta Ram is resident of Village Nadana, Tehsil Nilokheri, District Karnal and I request you that my younger son Arvind Kumar who was unemployed after 12th and was willing to go abroad. About this I have informed my known Karmjit Singh accused no. 2. He said I know people who will send your boy to America. They have already sent many boys to America. When I asked him to introduce me to them then he introduced me to accused no. 1 and 3 at Dana Pani Hotel (Jhinjhadi). I talked to them. They stated to me that we will send your son to America and for this they asked us for 40 lakh rupees. I said we don't have that much money. On which the accused persons started saying that you don't have to give all the money first, 25 lakh rupees should be given after reaching America. With this I agreed with them and agreed to send my son abroad. It is that after this the accused persons sent my son Arvind from Delhi to Dubai, from Dubai to Jakarta where the accused kept my son in Jakarta for two months. During this time, the accused tortured my son physically and mentally severely and asked him to call at home and arrange the amount for accused persons. On which my son Arvind Kumar called me and told me the whole thing and told me that these people are harassing me here, you pay the amount to accused persons otherwise they will kill me. After hearing this from my son, I got scared and on 10.05.2022, I called accused no. 1 and 2 at my house and gave them in front of my family that this money was collected by selling my land. Even after this, the accused persons have not sent my son to America and sent him back to India. After his return back to India, I asked the accused persons to give my money back, but the accused persons flatly refused to give me the money and threatened to kill me if I asked for my money back. You can't harm us in any manner. Therefore, I request you that in view of the above facts, strict legal action should be taken against the accused persons and my life and property should be protected. I will be highly obliged. Sd./- LTI Mahindra Singh” 4. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family. 5. 6. The State’s counsel opposes bail and refers to the reply. Counsel for the petitioner submits that amount has been recovered and has referred to para no.12 of the petition which reads as follows: “12. That the petitioner is nothing to do with the present case the alleged amount has been taken by the co-accused with whom the Jyoti Sharma 2025.07.25 17:16 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh 2 CRM-M-21232-2025 complainant had entered into compromise and also taken the cheque which is now subject matter of complaint under Section 138 of NI Act pending before the ld. Courts.” 7. 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. Per paragraph 8 of the bail petition, the petitioner has been in custody since 11.01.2025. Per the custody certificate dated 20.07.2025, the petitioner’s total custody in this FIR is 06 months and 09 days. 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, there would be no justifiability for further pre-trial incarceration at this stage. 8. 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. 9. 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. 10. 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) 11. This order is subject to the petitioner’s complying with the following terms. 12. 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. Jyoti Sharma 2025.07.25 17:16 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh 3 CRM-M-21232-2025 13. This bail is conditional, and the foundational condition is that if the petitioner indulges in any non-bailable offense, the State may file an application for cancellation of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 14. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 15. 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. 16. Petition allowed in terms mentioned above. All pending applications, if any,
Decision
stand disposed of. 23.07.2025 Jyoti Sharma Whether speaking/reasoned: Yes No. Whether reportable: (ANOOP CHITKARA) JUDGE Jyoti Sharma 2025.07.25 17:16 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh 4