The High Court
Case Details
CRM-M-22543-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 231 CRM-M-22543-2025 Date of Decision: 02.07.2025 Gurjant Singh @ Jan(cid:15) ...Pe(cid:15)(cid:15)oner State of Punjab …Respondent Versus CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Inderpal Singh, Advocate, for the pe(cid:15)(cid:15)oner. Mr. Jasdev Singh Thind, DAG, Punjab. **** ANOOP CHITKARA, J. FIR No. Dated Police Sta.on Sec.ons 76 12.06.2024 Khalra, District Tarn Taran 307, 148, 149 IPC and Sec(cid:15)ons 25, 27 of Arms Act 1.
Facts
The pe(cid:15)(cid:15)oner apprehending arrest in the FIR cap(cid:15)oned above has come up before this Court under Sec(cid:15)on 482 of Bhara(cid:15)ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an(cid:15)cipatory bail. 2. In paragraph 17 of the bail pe(cid:15)(cid:15)on, the accused declares that he has no criminal antecedents. 3. The facts and allega(cid:15)ons are being taken from the status report dated 12.05.2025 filed by the State, which reads as follows: “3. That brief facts of the case are as under: that on 12.06.2024 in the police sta(cid:28)on Khalra, District Tarn Taran, the informa(cid:28)on got telephonically from Amandeep Hospital Amritsar that Kulwinder Singh son of Baldv Singh and Gurwinder Singh son of Sukhdev Singh, all residents of village Bhaini Masa Singh injured due to hit bullets and were admi-ed at the Hospital. Whereon the inves(cid:28)ga(cid:28)on ofmeer ASI Gurnam Singh No.1947/Tarn Taran along with police officials reached Amandeep Hospital Amritsar and a5er ge6ng the opined the opinion of the concerned doctor and got recorded the statement of Palwinder Singh son of Baldev Singh son of Sardool Singh, resident of Village Bhaini Massa JYOTI 2025.07.08 09:03 I attest to the accuracy and integrity of this order/judgment. 1 CRM-M-22543-2025 Singh, resident of Khalra that on 11.06.2024 at 07.00 PM, they were placing soil on their pathway, and Saraj Singh son of Balkar Singh arrived and started abusing on seeing them and they came to their house. Later, his brother Kulwinder and his uncle's son Gurpartap Singh son of Balvir Singh came to his milk dairy. Meanwhile, complainant Kulwinder Singh was also stood at Sewak Singh's motor shop for some work at Bus Stand Bhaini Massa Singh and at 07.30 PM that Saraj Singh son of Balkar Singh armed with datar, Harwinder Singh son of Saraj Singh armed with a pistol, Lovepreet Singh @ Laba son of Mahabir Singh armed with Pistol, Jagjit Singh @ Soni son of Natha Singh armed with datar, Amritpal Singh son of Hardial Singh armed with pistol. Yadwinder Singh son of Gurjit Singh armed with a pistol, Gurmeet Singh son of Harjinder Singh armed with a pistol, all residents of Bhaini Massa Singh, Kishwar Singh resident of Mughal Chak armed with a pistol, Baba resident of Bhura Kareempura armed with pistol, along with 20/25 uniden(cid:28)fied persons came there, Saraj Singh raised lalkara and said catch hold Kulwinder Singh etc. and let them learn a lesson for having a dispute with them. Then Jagjit Singh son of Natha Singh gave a blow from his da-ar on Kulwinder Singh, he forwarded his le5 arm to save himself and the daughter hit on the wrist of the le5 hand of his brother, then Harwinder Singh gave direct fire shot of his pistol on the complainant, intending to kill him, which hit on both the legs of Kulwinder Singh, then Lovepreet Singh @ Laba, pe(cid:28)(cid:28)oner Amritpal Singh, Yadwinder Singh, Gurmit Singh, Kishwar Singh, Baba and 20/25 uniden(cid:28)fied persons started firing indiscriminately, which injured complainant's uncles Gurpartap Singh, Gurvinder Singh, Chamkaur Singh and his neighbour Sukhwant Singh son of Balwinder Singh. That all of them started bleeding and fell to the ground. He raised an alarm of Mar Di-a Mar Di-a in a loud voice then on seeing the gathering of people, above said accused along with their respec(cid:28)ve weapons while firing and raising lalkara, ran away from the spot. The complainant called his uncle Sukhdev Singh and they arranged the vehicle and got admi-ed his brothers namely Kulwinder Singh, Gurpartap Singh, Chamkaur Singh, Gurwinder Singh and his neighbour Sukhwant Singh at Vijay Dhawan Hospital, Bhikhiwind, where his brother Kulwinder Singh, uncle's son Gurwinder Singh son of Sukhdev Singh were found serious and sent to Amandeep Hospital, Amritsar and are under treatment. Vic(cid:28)ms Gurpartap Singh and Chamkaur Singh and Sukhwant Singh were under treatment at Vijay Dhawan Hospital, Bhikhiwind. The grudge was 2 JYOTI 2025.07.08 09:03 I attest to the accuracy and integrity of this order/judgment. CRM-M-22543-2025 because they placed sand on their pathway, and Saraj Singh opposed this. It is further submi-ed that on the above-said statement of the complainant, the present case FIR No. 76 dated 12.06.2024 U/s 307, 148, 149 IPC, 25, 27 of Arms Act was registered at Police Sta(cid:28)on Khalra, District Tarn Taran against the accused. 4. Counsel for the pe(cid:15)(cid:15)oner submits that he would have no objec(cid:15)on in case any stringent condi(cid:15)ons this Court might put upon the pe(cid:15)(cid:15)oner including surrender of fire arms, if any and in case, pe(cid:15)(cid:15)oner repeats the offence, where the sentence prescribes 07 years or more, the State shall be at liberty to file an applica(cid:15)on for cancella(cid:15)on of bail to which he would not raise objec(cid:15)ons. He further contends that pre-trial incarcera(cid:15)on would cause an irreversible injus(cid:15)ce to the pe(cid:15)(cid:15)oner and his family. 5. In compliance of order dated 13.05.2025, passed by this Court, fresh status report dated 01.07.2025 filed by State counsel today in the Court is taken on record. The State’s counsel opposes bail and refers to the status report dated 12.05.2025. 6. It would be appropriate to refer to the following por(cid:15)ons of the status report 12.05.2025, which read as follows: “7. That on the circumstances explained above, as evident as it can be indeed there are 05 injured having sustained gunshot wounds and the onslaught, by all accounts, was savage and brutal in nature, where gunshots had been indiscriminately fired without any regard for human life and safety. As far as the role of the pe(cid:28)(cid:28)oner is concerned, he had surfaced as the proved of the weapon used for the commission of the offence and the weapon is s(cid:28)ll stated to be in his custody, which is yet to be recovered. The possibility of the pe(cid:28)(cid:28)oner in(cid:28)mida(cid:28)ng the witness or carrying out offences of a similar nature or fleeing the process of jus(cid:28)ce is very near and immediate. As such, the pe(cid:28)(cid:28)oner is not liable to get the concession of an(cid:28)cipatory bail.” REASONING: 7. Role of the pe(cid:15)(cid:15)oner is in procuring weapon which was used in crime. Pe(cid:15)(cid:15)oner has already joined inves(cid:15)ga(cid:15)on. Given the submission made by counsel for the pe(cid:15)(cid:15)oner that pe(cid:15)(cid:15)oner will cooperate with the inves(cid:15)gator and join inves(cid:15)ga(cid:15)on as and when called upon to do so, pe(cid:15)(cid:15)oner makes out a case for bail. 8. Pre-trial incarcera(cid:15)on should not be a replica of post-convic(cid:15)on sentencing. The
Legal Reasoning
evidence might be prima facie sufficient to launch prosecu(cid:15)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:15)cipatory bail. An analysis of the above does not jus(cid:15)fy custodial interroga(cid:15)on or pre- trial incarcera(cid:15)on. JYOTI 2025.07.08 09:03 I attest to the accuracy and integrity of this order/judgment. 3 CRM-M-22543-2025 9. Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allega(cid:15)ons, pe(cid:15)(cid:15)oner being not named in the FIR and the other factors peculiar to this case, there would be no jus(cid:15)fiability for custodial interroga(cid:15)on or the pre-trial incarcera(cid:15)on at this stage. Without commen(cid:15)ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men(cid:15)oned above, the pe(cid:15)(cid:15)oner makes a case for bail. 10. Given above, provided the pe(cid:15)(cid:15)oner is not required in any other case, the pe(cid:15)(cid:15)oner shall be released on an(cid:15)cipatory bail in the FIR cap(cid:15)oned above subject to furnishing bonds to the sa(cid:15)sfac(cid:15)on of the Arres(cid:15)ng Officer, and if the maGer is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep(cid:15)ng the surety, the concerned Officer/Court must be sa(cid:15)sfied that if the accused fails to appear, such surety can produce the accused. 11. While furnishing a personal bond, the pe(cid:15)(cid:15)oner shall men(cid:15)on the following personal iden(cid:15)fica(cid:15)on details: 1. AADHAR number 2. Passport number (If available) and when the aGes(cid:15)ng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) E-Mail id (If available) 4. 12. This order is subject to the pe(cid:15)(cid:15)oner’s complying with the following terms. 13. The pe(cid:28)(cid:28)oner is directed to join the inves(cid:28)ga(cid:28)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:28)gator. The pe(cid:15)(cid:15)oner shall be in deemed custody for Sec(cid:15)on 27 of the Indian Evidence Act, 1872/Sec(cid:15)on 23 of BSA, 2023. The pe(cid:15)(cid:15)oner shall join the inves(cid:15)ga(cid:15)on as and when called by the Inves(cid:15)ga(cid:15)ng Officer or any Superior Officer and shall cooperate with the inves(cid:15)ga(cid:15)on at all further stages as required. In the event of failure to do so, the prosecu(cid:15)on will be open to seeking cancella(cid:15)on of the bail. During the inves(cid:15)ga(cid:15)on, the pe(cid:15)(cid:15)oner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 14. Given the background of allega(cid:15)ons against the pe(cid:15)(cid:15)oner, it becomes paramount to protect the vic(cid:15)m, members of society, and incapacita(cid:15)ng the accused would be one of the primary op(cid:15)ons un(cid:15)l the filing of the closure report or discharge, or acquiGal. Consequently, it would be appropriate to restrict the possession of firearms. [This restric(cid:15)on is being imposed based on the preponderance of the evidence of JYOTI 2025.07.08 09:03 I attest to the accuracy and integrity of this order/judgment. 4 CRM-M-22543-2025 probability and not of evidence of certainty, i.e., beyond a reasonable doubt; and as such, it is not to be construed as an intermediate sanc(cid:15)on]. Given the nature of the allega(cid:15)ons and the other circumstances peculiar to this case, the pe(cid:15)(cid:15)oner shall surrender all weapons, firearms, and ammuni(cid:15)on, if any, along with the arms license to the concerned authority within fiNeen days of release from prison and inform the Inves(cid:15)gator of the compliance. However, subject to the Indian Arms Act, 1959, the pe(cid:15)(cid:15)oner shall be en(cid:15)tled to renew and reclaim them in case of acquiGal in this case, provided otherwise permissible under the concerned rules. Restric(cid:15)ng firearms would ins(cid:15)ll confidence in the vic(cid:15)m(s), their families, and society; it would also restrain the accused from influencing the witnesses and repea(cid:15)ng the offense. 15. Given the nature of the allega(cid:15)ons and the other circumstances peculiar to this case, the pe(cid:15)(cid:15)oner shall not enter the property, workplace, and residence of the vic(cid:15)m un(cid:15)l the statements of all non-official and informal witnesses in the trial are recorded. This Court is imposing this condi(cid:15)on to rule out any aGempt by the accused to incapacitate, influence, or cause any discomfort to the vic(cid:15)m. Reference be made to Vikram Singh v Central Bureau of Inves(cid:15)ga(cid:15)on, 2018 All SCR (Crl.) 458); and Aparna BhaG v. The State of Madhya Pradesh, 2021:INSC:192, 2021 SCC Online SC 230. 16. The condi(cid:15)ons men(cid:15)oned 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 Pe(cid:15)(cid:15)on (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 condi(cid:15)ons imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be propor(cid:15)onal to the purpose of imposing them. The courts, while imposing bail condi(cid:15)ons must balance the liberty of the accused and the necessity of a fair trial. While doing so, condi(cid:15)ons that would result in the depriva(cid:15)on of rights and liber(cid:15)es must be eschewed.” 17. The pe(cid:15)(cid:15)oner shall abide by all statutory bond condi(cid:15)ons and appear before the concerned Court(s) on all dates. The pe(cid:15)(cid:15)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. 18. In case the Inves(cid:15)gator/Officer-In-Charge of the concerned Police Sta(cid:15)on arraigns another sec(cid:15)on of any penal offense in this FIR, and if the new sec(cid:15)on prescribes a maximum sentence that is not greater than the sec(cid:15)ons men(cid:15)oned above, JYOTI 2025.07.08 09:03 I attest to the accuracy and integrity of this order/judgment. 5 CRM-M-22543-2025 then this bail order shall be deemed to have also been passed for the newly added sec(cid:15)on(s). However, suppose the newly inserted sec(cid:15)ons prescribe a sentence exceeding the maximum sentence prescribed in the sec(cid:15)ons men(cid:15)oned above; then, in that case, the Inves(cid:15)gator/Officer-In-Charge shall give the pe(cid:15)(cid:15)oner no(cid:15)ce of a minimum of seven days, providing an opportunity to avail the remedies available in law. 19. This bail is condi(cid:13)onal, and the founda(cid:13)onal condi(cid:13)on is that if the pe(cid:13)(cid:13)oner indulges in any non-bailable offense, the State may file an applica(cid:13)on for cancella(cid:13)on of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 20. Any observa(cid:15)on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 21. A cer(cid:15)fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe(cid:15)(cid:15)oner can download this order along with case status from the official web page of this Court and aGest it to be a true copy. If the aGes(cid:15)ng officer wants to verify its authen(cid:15)city, such an officer can also verify its authen(cid:15)city and may download and use the downloaded copy for aGes(cid:15)ng bonds. 22. Pe..on allowed in terms men(cid:15)oned above. All pending applica(cid:15)ons, if any,
Decision
stand disposed of. 02.07.2025 Jyo(cid:15)-II Whether speaking/reasoned: Whether reportable: Yes No. (ANOOP CHITKARA) JUDGE JYOTI 2025.07.08 09:03 I attest to the accuracy and integrity of this order/judgment. 6