The High Court
Case Details
CRM-M-37626-2025 102 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-37626-2025 Date of Decision: 18.07.2025 Jagmohan Singh ...Pe(cid:17)(cid:17)oner Versus State of Punjab and others …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Simranjeet Singh, Advocate for the pe(cid:17)(cid:17)oner Mr. Akshay Kumar, A.A.G, Punjab. ANOOP CHITKARA, J. **** FIR No. Dated Police Sta/on Sec/ons 10 28.03.2025 Sadar Kurali, District 115(2), 118(1), 351(2), 351(3), SAS Nagar (Mohali) 191(3), 190 of BNS, 2023 1.
Facts
The pe(cid:17)(cid:17)oner apprehending arrest in the FIR cap(cid:17)oned above has come up before this Court under Sec(cid:17)on 482 of Bhara(cid:17)ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an(cid:17)cipatory bail. 2. In NOTE 2 of the bail pe(cid:17)(cid:17)on, the pe(cid:17)(cid:17)oner declares that he has no criminal antecedents. 3. The facts and allega(cid:17)ons are being taken from the translated copy of FIR (Annexure P-1) which reads as follows: “It is currently recorded that copy of DDR No. 14 Dt. 26.03.2025 Rojnamcha Police Sta#on Sadar Kurali through L.Ct Kanchan Devi 1778/SAS has been received which is as follows "statement of Sajjan Singh son of Karnail Singh resident of village Ratnagar Simble police sta#on Sadar Kurali district SAS Nagar aged about 48 years Mo: No: 70092-04916 stated that I am a resident of the said address and re#red from the army. I am a Girsikh and Amritdhari since about 2016 I am doing security guard duty at PNB Bank Colony. I have a dispute with my brothers rela#ng to the distribu#on of the land. It was decided that both the par#es will sow the land and I will share the land with 1 JYOTI 2025.07.23 10:47 I attest to the accuracy and integrity of this order/judgment. CRM-M-37626-2025 them I planted 9 kanals of wheat and mixed fodder in 3 kanals. Jagmohan Singh had taken my 1 kanal of wheat without asking me and wanted to occupy my share and my brother Jagmohan Singh had abused me many #mes before. On 24.03.2025 I went to my motor where Jagmohan Singh son of Karnail Singh, Davinder Singh son of Jagmohan Singh, Manjit Kor wife of Jagmohan Singh, Jasprit Kaur wife of Davinder Singh came to my motor. Jagmohan Singh had a wooden s#ck in his hand who started abusing me because of the par##on and started saying that he will not allow me to irrigate the fields. At this #me, Ja#nder Singh son of Jagmohan Singh, Taranveer Singh son of Gurmeet Singh also came. My wife Gursaran Kaur also came there. Ja#nder Singh started shou#ng loudly that he will not leave Sajjan Singh today, it will be around 06:05 PM that Davinder Singh came to me and grabbed my neck and started punching me on my face and his wife Jaspreet Kaur li=ed my turban and grabbed my hair and Jagmohan Singh and Taranveer Singh held my hand and threw me on the floor a=er which Taranveer Singh snatched Samsung touch phone from my hand which had 97819-xxxx and 94642-5xxxx numbers running. Jagmohan Singh forcibly took out the siri Sahib I was wearing and hit me on my feet and legs several #mes and beat me. Davinder Singh grabbed my siri sahib from his father Jagmohan Singh and hit me several #mes behind my back and I started crying "maarta maarta" then Manjit Kaur who was standing next to me said to break my bones, on which Ja#nder Singh and Taranveer Singh hit my chest and legs and inflicted many injuries on my face, eyes and body. My wife tried to save me from the said persons but as she was alone she did not succeed and started shou#ng for help. I had fainted. Today, I came to GMCH SECTOR-32 CHD, and my wife Gursaran Kaur told me that when I fainted, the above said persons ran with my Siri Sahib and my mobile phone and their weapons. My wife along with Gurjant Singh son of Bawa Singh resident of Ratnagarh Simble took me in his car and admiAed me to Civil Hospital Kurali for treatment where the Doctors had referred me to Hospital Sector-32 Chandigarh where I am undergoing treatment in the hospital. Legal ac#on should be taken against the above said persons.” 4. The pe(cid:17)(cid:17)oner's counsel prays for bail by imposing any stringent condi(cid:17)ons and contends that pre-trial incarcera(cid:17)on would cause an irreversible injus(cid:17)ce to the JYOTI 2025.07.23 10:47 I attest to the accuracy and integrity of this order/judgment. 2 CRM-M-37626-2025 pe(cid:17)(cid:17)oner and their family. 5. The pe(cid:17)(cid:17)oner’s counsel submits that the pe(cid:17)(cid:17)oner would have no objec(cid:17)on whatsoever to any stringent condi(cid:17)ons that this Court may impose, including that if the pe(cid:17)(cid:17)oner 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 applica(cid:17)on to revoke this bail before the concerned Court having jurisdic(cid:17)on over this FIR, which shall have the authority to cancel this bail, and may do so at their discre(cid:17)on, to which the pe(cid:17)(cid:17)oner shall have no objec(cid:17)on. 6. The State’s counsel opposes bail on instruc(cid:17)ons. REASONING: 7.
Legal Reasoning
Given the nature of offence, no weapon was used, this Court inclined to grant bail. Pre-trial incarcera(cid:17)on should not be a replica of post-convic(cid:17)on sentencing. The evidence might be prima facie sufficient to launch prosecu(cid:17)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:17)cipatory bail. An analysis of the above does not jus(cid:17)fy custodial interroga(cid:17)on or pre- trial incarcera(cid:17)on. 8. Given the above, the penal provisions invoked 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 custodial interroga(cid:17)on or the pre-trial incarcera(cid:17)on at this stage. 9. 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: 10. 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 Arres(cid:17)ng Officer, and if the maIer is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep(cid:17)ng the surety, the concerned Officer/Court must be sa(cid:17)sfied that if the accused fails to appear, such surety can produce the accused. 11. 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: JYOTI 2025.07.23 10:47 I attest to the accuracy and integrity of this order/judgment. 3 CRM-M-37626-2025 1. AADHAR number 2. Passport number (If available) and when the aIes(cid:17)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:17)(cid:17)oner’s complying with the following terms. The pe(cid:17)(cid:17)oner shall abide by all statutory bond condi(cid:17)ons and appear before the concerned Court(s) on all dates. The pe(cid:17)(cid:17)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:17)(cid:17)oner shall be in deemed custody for Sec(cid:17)on 27 of the Indian Evidence Act, 1872/ Sec(cid:17)on 23 of BSA, 2023. The pe(cid:17)(cid:17)oner shall join the inves(cid:17)ga(cid:17)on as and when called by the Inves(cid:17)ga(cid:17)ng Officer or any Superior Officer and shall cooperate with the inves(cid:17)ga(cid:17)on at all further stages as required. In the event of failure to do so, the prosecu(cid:17)on will be open to seeking cancella(cid:17)on of the bail. During the inves(cid:17)ga(cid:17)on, the pe(cid:17)(cid:17)oner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 14. Given the nature of the allega(cid:17)ons and the other circumstances peculiar to this case, the pe(cid:17)(cid:17)oner shall not enter the property, workplace, and residence of the vic(cid:17)m un(cid:17)l the statements of all non-official and informal witnesses in the trial are recorded. This Court is imposing this condi(cid:17)on to rule out any aIempt by the accused to incapacitate, influence, or cause any discomfort to the vic(cid:17)m. Reference be made to Vikram Singh v Central Bureau of Inves(cid:17)ga(cid:17)on, 2018 All SCR (Crl.) 458); and Aparna BhaI v. The State of Madhya Pradesh, 2021:INSC:192, 2021 SCC Online SC 230. 15. Given the background of allega(cid:17)ons against the pe(cid:17)(cid:17)oner, it becomes paramount to protect the members of society, vic(cid:17)m and incapacita(cid:17)ng the accused would be one of the primary op(cid:17)ons un(cid:17)l the filing of the closure report or discharge, or acquiIal. Consequently, it would be appropriate to restrict the possession of firearms. [This restric(cid:17)on 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 sanc(cid:17)on]. Given the nature of the allega(cid:17)ons and the other circumstances peculiar to this case, the pe(cid:17)(cid:17)oner shall surrender all weapons, firearms, and ammuni(cid:17)on, if any, along with the arms license to JYOTI 2025.07.23 10:47 I attest to the accuracy and integrity of this order/judgment. 4 CRM-M-37626-2025 the concerned authority within fiNeen days and inform the Inves(cid:17)gator of the compliance. However, subject to the Indian Arms Act, 1959, the pe(cid:17)(cid:17)oner shall be en(cid:17)tled to renew and reclaim them in case of acquiIal in this case, provided otherwise permissible under the concerned rules. Restric(cid:17)ng firearms would ins(cid:17)ll confidence in the vic(cid:17)m(s), their families, and society; it would also restrain the accused from influencing the witnesses and repea(cid:17)ng the offense. 16. The condi(cid:17)ons men(cid:17)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:17)(cid:17)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:17)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:17)onal to the purpose of imposing them. The courts, while imposing bail condi(cid:17)ons must balance the liberty of the accused and the necessity of a fair trial. While doing so, condi(cid:17)ons that would result in the depriva(cid:17)on of rights and liber(cid:17)es must be eschewed.” 17. In case the Inves(cid:17)gator/Officer-In-Charge of the concerned Police Sta(cid:17)on arraigns another sec(cid:17)on of any penal offense in this FIR, and if the new sec(cid:17)on prescribes a maximum sentence that is not greater than the sec(cid:17)ons men(cid:17)oned above, then this bail order shall be deemed to have also been passed for the newly added sec(cid:17)on(s). However, suppose the newly inserted sec(cid:17)ons prescribe a sentence exceeding the maximum sentence prescribed in the sec(cid:17)ons men(cid:17)oned above; then, in that case, the Inves(cid:17)gator/Officer-In-Charge shall give the pe(cid:17)(cid:17)oner no(cid:17)ce of a minimum of seven days, providing an opportunity to avail the remedies available in law. 18. It is clarified that if the pe(cid:17)(cid:17)oner violates any bail condi(cid:17)on, the State and/or the vic(cid:17)m may file an applica(cid:17)on for bail cancella(cid:17)on before the trial court, which shall be competent to cancel the bail or add more condi(cid:17)ons. Furthermore, if the pe(cid:17)(cid:17)oner moves for dele(cid:17)on or dilu(cid:17)on of any bail condi(cid:17)ons, the trial court is empowered to do so. 19. The significant considera(cid:17)on for gran(cid:17)ng bail is that the Court aims to give the pe(cid:17)(cid:17)oner another chance to course-correct, reform, and reintegrate into the community as an ideal ci(cid:17)zen. To ensure that the pe(cid:17)(cid:17)oner also abides by the assurance made on the pe(cid:17)(cid:17)oner’s behalf by not repea(cid:17)ng the offence or indulging in any crime, it shall be desirable to impose the following addi(cid:17)onal condi(cid:17)on. 20. This bail is condi(cid:17)onal, with the founda(cid:17)onal condi(cid:17)on being that if the pe(cid:17)(cid:17)oner repeats the offense or commits any non-bailable offense which provides for a JYOTI 2025.07.23 10:47 I attest to the accuracy and integrity of this order/judgment. 5 CRM-M-37626-2025 sentence of imprisonment for more than seven years, the State shall file an applica(cid:17)on to revoke this bail before the concerned Court having jurisdic(cid:17)on over this FIR, which shall have the authority to cancel this bail, and as per their discre(cid:17)on, they may cancel this bail. 21. 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. 22. 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 aIest it to be a true copy. If the aIes(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 aIes(cid:17)ng bonds. 23. Pe//on allowed in terms men(cid:17)oned above. All pending applica(cid:17)ons, if any,
Decision
stand disposed of. 18.07.2025 Jyo#-II Whether speaking/reasoned: Whether reportable: Yes No. (ANOOP CHITKARA) JUDGE JYOTI 2025.07.23 10:47 I attest to the accuracy and integrity of this order/judgment. 6