The High Court
Case Details
CRM-M-22679-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-22679-2025 Reserved on: 01.07.2025 Pronounced on: 08.07.2025 Jodha Singh @ Ranjodh Singh ...Pe(cid:17)(cid:17)oner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present:
Legal Reasoning
Mr. Mandeep Dhot, Advocate, for the pe(cid:17)(cid:17)oner. Mr. Jasdev Singh Thind, DAG, Punjab. ANOOP CHITKARA, J. **** FIR No. Dated Police Sta1on Sec1ons 114 31.07.2022 Sadar Pa+, District Tarn Taran 304, 34 IPC 1. The pe(cid:17)(cid:17)oner incarcerated in the FIR cap(cid:17)oned above had come up before this Court under Sec(cid:17)on 483 of Bhara(cid:17)ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail. 2. As per paragraph 12 of the bail applica(cid:17)on, the accused has the following criminal antecedents: Sr. No. 1. FIR No. 14 Dated 09.01.2024 Offenses 21 (C), 61/85 of NDPS Act Goindwal Sahib, Dis?. Tarn Taran Police Sta1on 3. The facts and allega(cid:17)ons are being taken from the status report filed by the State, which reads as follows: “3. That the true facts pertaining to the present case are that the complainant namely Jajbir Singh son of Swaran Singh got recorded his statement before the Inves(cid:31)ga(cid:31)ng Officer to the effect that they are three brothers. He is elder, then Nirmal Singh, and Gursahib Singh whose age is about 32-33 years, is youngest. His brother Gursahib Singh had fallen into bad company around one year ago and started taking drugs. On 31.07.22, JYOTI 2025.07.08 15:53 I attest to the accuracy and integrity of this order/judgment. 1 CRM-M-22679-2025 his brother Gursahib Singh said to him that he is going to the house of Jodha Singh son of Lakhwinder Singh @ Lakkha i.e. the pe(cid:31)(cid:31)oner who is resident of their village, who le/ the house with Rs.200/-. Around 9:00 AM, he was going to Bhai Laddhu Khurd for his work, near village crema(cid:31)on grounds which are on the road near the bus stop, his brother Gursahib Singh and Jodha Singh were si8ng together there. He asked his brother what is he doing here? he replied that he had some work with Jodha. He went away from there. Later, he came to know that his brother Gursahib Singh was given an overdose injec(cid:31)on of drugs by Jodha Singh, who is addicted and used to sell drugs, due to which, he died. Jodha Singh le/ the dead body at their house and fled. When he came to know, he came home and found his brother's dead body lying at home. He checked his body and found an injec(cid:31)on mark on the wrist of his le/ arm. His brother Gursahib Singh's death occurred due to the drug injec(cid:31)on given by Jodha Singh and strict legal ac(cid:31)on should be taken against him. In this regard, the present case FIR No.114 dated 31.07.2022, under Sec(cid:31)on 304 of IPC has been registered at Police Sta(cid:31)on Sadar Pa8, District Tarn Taran against the pe(cid:31)(cid:31)oner namely Jodha Singh.” 4. Counsel for the pe(cid:17)(cid:17)oner submits that he has no objec(cid:17)on if this Court while gran(cid:17)ng bail imposes any stringent condi(cid:17)ons including surrender of fire arms, if any. On instruc(cid:17)ons, counsel further submits that pe(cid:17)(cid:17)oner shall not repeat the offence and would not involve himself in the offence, where the sentence is more than 7 years and if he does so, he has no objec(cid:17)on if the State files an applica(cid:17)on for cancella(cid:17)on of bail. He further contends that further pre-trial incarcera(cid:17)on would cause an irreversible injus(cid:17)ce to the pe(cid:17)(cid:17)oner and his family. 5. 6. The State’s counsel opposes bail and refers to the status report. It would be appropriate to refer to the following por(cid:17)ons of the status report, which read as follows: “EVIDENCE AGAINST THE PETITIONER: 14. That as far as evidence against the pe(cid:31)(cid:31)oner is concerned, it is submiCed that there are direct allega(cid:31)ons against the pe(cid:31)(cid:31)oner as the pe(cid:31)(cid:31)oner has been nominated on the basis of statement got recorded by the complainant. Moreover, the cause of death in the present case has also been received, as such, there is ample evidence against the pe(cid:31)(cid:31)oner. JYOTI 2025.07.08 15:53 I attest to the accuracy and integrity of this order/judgment. 2 CRM-M-22679-2025 ROLE OF THE PETITIONER: 15. That as far as role of the pe(cid:31)(cid:31)oner is concerned, it is submiCed that the pe(cid:31)(cid:31)oner namely Jodha Singh has absented himself from the learned Trial Court for long (cid:31)me and even then, he did not bother to surrender before the learned Trial Court for facing the trial and if the pe(cid:31)(cid:31)oner will be released on bail, there is every chance that he can abscond. Moreover, the pe(cid:31)(cid:31)oner has also been declared proclaimed offender in the present case. As such, the pe(cid:31)(cid:31)oner is certainly not en(cid:31)tled for the concession of regular bail.” REASONING: 7. The pe(cid:17)(cid:17)oner was earlier on bail; however, he failed to appear, which led to the cancella(cid:17)on of the bail vide order dated 04.07.2024, passed by the trial Court. 8. The pe(cid:17)(cid:17)oner was earlier granted bail, and as such, this court is inclined to grant bail subject to the strict condi(cid:17)on that the pe(cid:17)(cid:17)oner shall not remain absent from the trial even on a single day and subject to compliance with the following condi(cid:17)ons. 9. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allega(cid:17)ons, and the other factors peculiar to this case, there would be no jus(cid:17)fiability for further pre-trial incarcera(cid:17)on at this stage. 10. Without commen(cid:17)ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men(cid:17)oned above, the pe(cid:17)(cid:17)oner makes a case for bail. CONDITIONS: 11. Given above, provided the pe(cid:17)(cid:17)oner is not required in any other case, the pe(cid:17)(cid:17)oner shall be released on bail in the FIR cap(cid:17)oned above subject to furnishing bonds to the sa(cid:17)sfac(cid:17)on of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep(cid:17)ng the surety, the concerned Court must be sa(cid:17)sfied that if the accused fails to appear, such surety can produce the accused. 12. While furnishing a personal bond, the pe(cid:17)(cid:17)oner shall men(cid:17)on the following personal iden(cid:17)fica(cid:17)on details: 1. AADHAR number 2. Passport number (If available) and when the a?es(cid:17)ng officer/court considers it appropriate or considers the accused a flight risk. 3 JYOTI 2025.07.08 15:53 I attest to the accuracy and integrity of this order/judgment. CRM-M-22679-2025 3. Mobile number (If available) E-Mail id (If available) 4. 13. This order is subject to the pe(cid:17)(cid:17)oner’s complying with the following terms. 14. The pe(cid:17)(cid:17)oner shall a?end the Trial on every date and shall not seek any adjournment. 15. This bail is condi(cid:30)onal, and the founda(cid:30)onal condi(cid:30)on is that if the pe(cid:30)(cid:30)oner indulges in any non-bailable offense, the State may file an applica(cid:30)on for cancella(cid:30)on of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 16. Any observa(cid:17)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:17)fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe(cid:17)(cid:17)oner can download this order along with case status from the official web page of this Court and a?est it to be a true copy. If the a?es(cid:17)ng officer wants to verify its authen(cid:17)city, such an officer can also verify its authen(cid:17)city and may download and use the downloaded copy for a?es(cid:17)ng bonds. 18. Pe11on allowed in terms men(cid:17)oned above. All pending applica(cid:17)ons, if any,
Decision
stand disposed of. 08.07.2025 Jyo(cid:17)-II Whether speaking/reasoned: Whether reportable: Yes No. (ANOOP CHITKARA) JUDGE JYOTI 2025.07.08 15:53 I attest to the accuracy and integrity of this order/judgment. 4