Mapi v. State of Punjab
Case Details
CRM-M-27832-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 108 CRM-M-27832-2025 Date of Decision: 21.05.2025 Manpreet Singh @ Mapi ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Harmanpreet Singh, Advocate for the petitioner. Ms. Navreet Kaur Barnala, AAG, Punjab. ANOOP CHITKARA, J. ****
Facts
FIR No. Dated Police Station Sections 110 06.08.2024 Cantonment, District Police 333, 324(5), 115(2), 351, Commissionerate Amritsar 190 BNS 1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail. 2. In paragraph 11 of the bail petition, the accused declares that he has no criminal antecedents. 3. The facts and allegations are being taken from the translated copy of FIR (Annexure P-1) which reads as follows: “Statement of Navkaranbir Singh s/o Gurmej Singh R/o H. no. 3, Preet Vihar, Gali no. 3, Plah Sahib Road, Amritsar age about 30 years mobile no. 7087777772 stated that I am resident of above address and is working as veternity doctor privately and my brother namely Gurpreet Singh S/o Gurmej Singh is running a restaurant in the name of Star 98 along with his partner at Majitha Road Byepass Amritsar. On 28.07.2024 night my brother Gurpreet Singh was present at his restaurant and 5/6 unknown persons came there and started arguing with my brother and his partner Jaspal Singh S/o Gurmej Singh R/o Village Naushehra Kla Amritsar and they were sent back after making them understand by the people sitting in the restaurant. That at 11 pm when my brother was coming back to his house after closing his restaurant then the above 1 JYOTI 2025.05.26 09:05 I attest to the accuracy and integrity of this order/judgment. CRM-M-27832-2025 youngsters stopped Jaspal Singh S/o Gurmej Singh R/o above on motorcycle in front of Khanna Paper Mill and inflicted injuries upon him and due to that he got injured. That my elder brother Gurpreet Singh took him to Guru Nanak Dev Hospital Amritsar for his treatment and I came back to my home. That after some time on 28/29-7-2024 during midnight at about 12.30 AM 5/6 youngsters came out side our house on a motorcycle and two activas who entered inside our house having bricks and pebbles in their hands and damaged the main glass and car swift no. PB02CX4599. When 1 came outside after hearing the noise then the above youngsters also manhandled me and gave slaps to me and went away from the spot after threatening me and due to that we have incurred loss of about 2 lac rupees to 2-1/2 lac rupees and the bills of the loss will be provided later on. That we have now got to know the names of some of those boys which are Vishal Singh S/o Gurdeep Singh R/o Meera Kot Kalan Amritsar, Maapi S/o Lt. Balwinder Singh @ Nikku, Chela S/o not known R/o Naushehra Kalan Colony, Ajay S/o not known R/o Mustafabad Batala Road, Amritsar and the names of two youngsters could not be traced. That the above youngsters has damaged our house and car by blowing bricks and pebbles. The rivalry is that in 2011 a murder had happened in the family of Jaspal Singh i.e. the partner of my brother Gurpreet Singh in which one killer was PO and the Jaspal Singh party had got him arrested due to that grudge the above youngsters had inflicted injuries upon Jaspal Singh and after that has damaged our house and car after entering in our house. Till now we were trying to find them at our own and has come to you today for information. Appropriate action be taken against them. Statement has been recorded and found to be true.” 4. Counsel for the petitioner submits that he would have no objection in case any stringent conditions this Court might put upon the petitioner including surrender of fire arms, if any and in case, petitioner repeats the offence, where the sentence prescribes 07 years or more, the State shall file an application for cancellation of bail. He further contends that pre-trial incarceration would cause an irreversible injustice to the petitioner and his family. 5. The State’s counsel opposes bail on instructions. REASONING: 6. Given the nature of allegations and offence involved, no case is made out for custodial interrogation. Pre-trial incarceration should not be a replica of post-conviction
Legal Reasoning
sentencing. The evidence might be prima facie sufficient to launch prosecution or to JYOTI 2025.05.26 09:05 I attest to the accuracy and integrity of this order/judgment. 2 CRM-M-27832-2025 frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of anticipatory bail. An analysis of the above does not justify custodial interrogation or pre-trial incarceration. 7. Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allegations and the other factors peculiar to this case, there would be no justifiability for custodial interrogation or the 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. CONDITIONS: 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 Arresting Officer, and if the matter is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Officer/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. 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. 12. The petitioner is directed to join the investigation 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 Investigator. The petitioner shall be in deemed custody for Section 27 of the Indian Evidence Act, 1872/ Section 23 of BSA, 2023. The petitioner shall join the investigation as and when called by the Investigating Officer or any Superior Officer and shall cooperate with the investigation at all further stages as required. In the event of failure to do so, the prosecution will be open to seeking cancellation of the bail. During JYOTI 2025.05.26 09:05 I attest to the accuracy and integrity of this order/judgment. 3 CRM-M-27832-2025 the investigation, the petitioner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 13. Given the background of allegations against the petitioner, it becomes paramount to protect the members of society, complainant/victim 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 firearms. [This restriction is being imposed based on the preponderance of the evidence of 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 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 within fifteen days and inform the Investigator of the compliance. However, subject to the Indian Arms Act, 1959, the petitioner shall be entitled to renew and reclaim them in case of acquittal in this case, provided otherwise permissible under 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. 14. 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.” 15. In case the Investigator/Officer-In-Charge of the concerned Police Station arraigns another section of any penal offense in this FIR, and if the new section prescribes a maximum sentence that is not greater than the sections mentioned above, then this bail order shall be deemed to have also been passed for the newly added section(s). However, suppose the newly inserted sections prescribe a sentence exceeding the maximum sentence prescribed in the sections mentioned above; then, in that case, the Investigator/Officer-In-Charge shall give the petitioner notice of a minimum of seven days, providing an opportunity to avail the remedies available in law. 16. 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. JYOTI 2025.05.26 09:05 I attest to the accuracy and integrity of this order/judgment. 4 CRM-M-27832-2025 17. 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 have the liberty to cancel this bail. 18. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 19. 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. 20. Petition allowed in terms mentioned above. All pending applications, if any,
Decision
stand disposed of. 21.05.2025 Jyoti-II Whether speaking/reasoned: Whether reportable: Yes No. (ANOOP CHITKARA) JUDGE JYOTI 2025.05.26 09:05 I attest to the accuracy and integrity of this order/judgment. 5