The High Court
Case Details
CRM-M-38398-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-38398-2024 Reserved on: 15.02.2025 Pronounced on: 28.02.2025 Jaideep ...Pe(cid:10)(cid:10)oner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present:
Legal Reasoning
evidence might be prima facie sufficient to launch prosecu(cid:10)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:10)cipatory bail. An analysis of the above does not jus(cid:10)fy custodial interroga(cid:10)on or pre- trial incarcera(cid:10)on. 8. JYOTI 2025.02.28 13:45 I attest to the accuracy and integrity of this order/judgment. Given the above, the penal provisions invoked coupled with the primafacie 2 CRM-M-38398-2024 analysis of the nature of allega(cid:10)ons, role a-ributed and the other factors peculiar to this case, there would be no jus(cid:10)fiability for custodial interroga(cid:10)on or the pre-trial incarcera(cid:10)on at this stage. 9. Without commen(cid:10)ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men(cid:10)oned above, the pe(cid:10)(cid:10)oner makes a case for bail. CONDITIONS: 10. Given above, provided the pe(cid:10)(cid:10)oner is not required in any other case, the pe(cid:10)(cid:10)oner shall be released on bail in the FIR cap(cid:10)oned above subject to furnishing bonds to the sa(cid:10)sfac(cid:10)on of the Arres(cid:10)ng Officer, and if the ma-er is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep(cid:10)ng the surety, the concerned Officer/Court must be sa(cid:10)sfied that if the accused fails to appear, such surety can produce the accused. 11. While furnishing a personal bond, the pe(cid:10)(cid:10)oner shall men(cid:10)on the following personal iden(cid:10)fica(cid:10)on details: 1. AADHAR number 2. Passport number (If available) and when the a-es(cid:10)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:10)(cid:10)oner’s complying with the following terms. The pe(cid:10)(cid:10)oner shall abide by all statutory bond condi(cid:10)ons and appear before the concerned Court(s) on all dates. The pe(cid:10)(cid:10)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. 13. The pe##oner is directed to join the inves#ga#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#gator. The pe(cid:10)(cid:10)oner shall be in deemed custody for Sec(cid:10)on 27 of the Indian Evidence Act, 1872/ Sec(cid:10)on 23 of BSA, 2023. The pe(cid:10)(cid:10)oner shall join the inves(cid:10)ga(cid:10)on as and when called by the Inves(cid:10)ga(cid:10)ng Officer or any Superior Officer and shall cooperate with the inves(cid:10)ga(cid:10)on at all further stages as required. In the event of failure to do so, the prosecu(cid:10)on will be open to seeking cancella(cid:10)on of the bail. During the inves(cid:10)ga(cid:10)on, the pe(cid:10)(cid:10)oner shall not be subjected to third-degree, indecent JYOTI 2025.02.28 13:45 I attest to the accuracy and integrity of this order/judgment. 3 CRM-M-38398-2024 language, inhuman treatment, etc. 14. 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 have the liberty to cancel this bail. 15. The concerned trial court is authorized to delete, modify, or relax any of the above condi(cid:10)ons and shall be competent to do so in accordance with the law. 16. Any observa(cid:10)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:10)fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe(cid:10)(cid:10)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:10)ng officer wants to verify its authen(cid:10)city, such an officer can also verify its authen(cid:10)city and may download and use the downloaded copy for a-es(cid:10)ng bonds. 18. Pe11on allowed in terms men(cid:10)oned above. All pending applica(cid:10)ons, if any,
Arguments
Mr. Monu Sharma, Advocate, for the pe(cid:10)(cid:10)oner. Mr. Aashish Bishnoi, DAG Haryana. ANOOP CHITKARA, J. **** FIR No. Dated Police Sta1on Sec1ons 434 18.07.2024 Sector-29, Panipat, Dis-. Panipat 115, 126, 190, 191 (3), 351 (2) of BNS, 2023 (Sec(cid:10)on 25 of Arms Act added later on) 1. The pe(cid:10)(cid:10)oner apprehending arrest in the FIR cap(cid:10)oned above has come up before this Court under Sec(cid:10)on 482 of Bhara(cid:10)ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an(cid:10)cipatory bail. 2. In paragraph 18 of the bail pe(cid:10)(cid:10)on, the accused declares that he has no criminal antecedents. 3. The facts and allega(cid:10)ons are being taken from the translated copy of FIR (Annexure P-1) annexed with the bail pe(cid:10)(cid:10)on, which reads as follows: “xxx xxx To the In-Charge, Police Post Kishanpura, Panipat. Sir, stated that I, Akshay s/o Pawan Kumar, am R/o Kha#k Bas#, Panipat. Today i.e. on 17.07.2024, I was going from my house to Dharamshala, Kha#k Bas# and Jaideep Pawar s/o Ashok stopped my way and hurled abuses and gave bea#ngs to me, upon which I asked as to why was he bea#ng and then Jaideep said that they would kill me and a/er phone call, he called upon his uncle/chacha Vikram, Sunny, Sonu, Bunty who came on motorcycle and a/er coming, all of them gave bea#ngs to me with legs, danda angrily and while I was running away, then Jaideep gave brick blow on my head from JYOTI 2025.02.28 13:45 I attest to the accuracy and integrity of this order/judgment. 1 CRM-M-38398-2024 behind. When the people from neighbourhood gathered, then they ran away from the spot. Legal ac#on be taken against all of them. I have produced my MLR to you.” 4. The pe(cid:10)(cid:10)oner's counsel prays for bail by imposing any stringent condi(cid:10)ons and contends that pre-trial incarcera(cid:10)on would cause an irreversible injus(cid:10)ce to the pe(cid:10)(cid:10)oner and his family. 5. 6. The State’s counsel opposes bail and refers to the reply. It would be appropriate to refer to the following por(cid:10)ons of the reply, which read as follows: “3. That the role of the pe##oner is that he is specifically named as accused in the present FIR. Pe##oner is the main accused in this case and there are specific allega#ons on the pe##oner for abusing complainant, then calling other co-accused and giving bea#ngs to the complainant with fists, legs, dandas. Therea/er, when the complainant was running away to save himself, the pe##oner gave a brick blow to the head of the complainant. Moreover, the perusal of CCTV footage obtained from cameras installed near the crime spot revealed that the pe##oner was going towards the crime spot armed with sword. 4. That the pe##oner has not joined in the inves#ga#on of the case and further inves#ga#on of the case is s#ll in progress. The custodial interroga#on of the pe##oner is required for a proper inves#ga#on of the case and recovery of sword used by him in the occurrence. It is humbly submi:ed that the custodial interroga#on of accused person is qualita#vely more elicita#on oriented than ques#oning a suspect who is well ensconced with a favourable order under Sec#on 482 of the Bhara#ya Nagarik Suraksha Sanhita, hence the present pe##on is liable to be dismissed.” REASONING: 7. Pre-trial incarcera(cid:10)on should not be a replica of post-convic(cid:10)on sentencing. The
Decision
stand disposed of. 28.02.2025 Jyo(cid:10)-II Whether speaking/reasoned: Whether reportable: Yes No. (ANOOP CHITKARA) JUDGE JYOTI 2025.02.28 13:45 I attest to the accuracy and integrity of this order/judgment. 4