Balwant Singh v. State of Punjab
Case Details
CRM-M-34303-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1 CRM-M-34303-2025 Reserved on: 05.08.2025 Pronounced on: 13.08.2025 Balwant Singh ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present:
Legal Reasoning
evidence might be prima facie sufficient to launch prosecution or to 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. 10. 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. 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 anticipatory bail. 11. The investigation indicates that the petitioner is not the main accused, so the petitioner's bail shall not be treated as a precedent for granting bail to the other co- accused with a higher role. ANJU RANI 2025.08.18 09:33 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 2 3 CRM-M-34303-2025 12. 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. 13. 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) 14. The bail order is subject to the petitioner’s complying with the following terms. 15. The petitioner is directed to join the investigation 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 the investigation, the petitioner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 16. 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. 17. 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. 18. repeats the offense or commits any non-bailable offense which provides for a ANJU RANI 2025.08.18 09:33 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 3 CRM-M-34303-2025 sentence of imprisonment for more than seven years, the State shall file an application to revoke this bail before the concerned Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and as per their discretion, they may cancel this 4 bail. 19. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 20. 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. 21. Petition allowed in terms mentioned above. All pending applications, if any, stand
Arguments
Mr. B.S. Bhalla, Advocate for the petitioner. Mr. Akshay Kumar, AAG, Punjab. ANOOP CHITKARA, J. **** FIR No. Dated Police Station Sections 43 19.05.2025 Bhindi Saidan, 61 of Excise Act and Sections Amritsar 123 & 62 of BNS (Section 178 BNS added later on) 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 10 of the bail petition, the petitioner declares the following criminal antecedents: Sr. No. FIR No. 7 1 95 2 Offenses Date 24.02.2020 380/457 IPC 2023 Excise Act Police Station Bhindi Saidan Maqboolpura 3. The facts and allegations are taken from the reply filed by the State. On 19.05.2025 based on secret information, the Police seized 400 kg lahan and 300 bottles of illicit liquor from the house of co-accused Shinda. The Investigator claims to have complied with all the statutory requirements of the CrPC, 1973/ BNSS, 2023. 4. During the custodial interrogation, the co-accused disclosed that present petitioner- Balwant Singh is also involved in distilling of illicit liquor and its sale and based on this statement, the investigator arraigned him as an accused. The petitioner approached the Sessions Court for anticipatory bail, which was denied. ANJU RANI 2025.08.18 09:33 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 1 2 CRM-M-34303-2025 5. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that pre-trial incarceration would cause an irreversible injustice to the petitioner and their family. Counsel further submits that the petitioner would have no objection whatsoever to any stringent conditions that this Court may impose, including that if the petitioner repeats the offense or commits any non-bailable offense which provides for a sentence of imprisonment for more than seven years, the State may file an application to revoke this bail before the concerned Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and may do so at their discretion, to which the petitioner shall have no objection. 6. 7. The State’s counsel opposes bail and refers to the reply. It would be appropriate to refer to the following portions of the reply, which read as follows: “Role of the petitioner 5. That as per the prosecution version, the petitioner is actively involved in distilling and selling illicit liquor by preparing it with poisonous substance and it was found that the petitioner was involved in providing poisonous substance to the co-accused Shinda Singh for preparing illicit liquor.” REASONING: 8. Perusal of the file shows that the evidence against the petitioner is in the shape of disclosure statement and there is no direct evidence. Recovery of illicit liquor and lahan has already been effected from co-accused, as such, no ground is made out to grant custodial interrogation. 9. Pre-trial incarceration should not be a replica of post-conviction sentencing. The
Decision
disposed of. 13.08.2025 anju rani Whether speaking/reasoned: Yes No. Whether reportable: (ANOOP CHITKARA) JUDGE ANJU RANI 2025.08.18 09:33 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 4