The High Court
Case Details
CRM-M-50400-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 230 CRM-M-50400-2024 Date of Decision: 13.01.2025 Varinder Singh ...Pe(cid:14)(cid:14)oner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Robindeep Singh Bhullar, Advocate for the pe(cid:14)(cid:14)oner. Mr. Jasjit Singh, DAG, Punjab. ANOOP CHITKARA, J. **** DDR No. Dated Police Sta-on Sec-ons 21 05.07.2024 Nihal Singh Wala, Dis-. Moga 323, 324, 34 IPC (Sec(cid:14)on 326 IPC added later on vide DDR No.09 dated 04.08.2024) IN
Facts
FIR No. Dated Police Sta-on Sec-ons 96 04.07.2024 Nihal Singh Wala, Dis-. Moga 323, 341, 506, 148, 149 IPC 1. The pe(cid:14)(cid:14)oner apprehending arrest in the FIR cap(cid:14)oned above has come up before this Court under Sec(cid:14)on 482 of Bhara(cid:14)ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an(cid:14)cipatory bail. 2. In paragraph 21 of the bail pe(cid:14)(cid:14)on, the accused declares that he has no criminal antecedents. 3. The facts and allega(cid:14)ons are being taken from the status report filed by the State, which reads as follows: “3. That it is respec(cid:15)ully submi(cid:21)ed that the instant ma(cid:21)er is a case of version and cross-version wherein, FIR No. 96 dated 04.07.2024 under Sec)ons 323, 341, 506, 148, 149 IPC, P.S Nihal Singh Wala has been registered ini)ally on the statement of complainant/present pe))oner (First party) Varinder Singh son of Sukhmander Singh son of Piara Singh, JYOTI 2025.01.15 09:33 I attest to the accuracy and integrity of this order/judgment. 1 CRM-M-50400-2024 resident of Khai by name, against four accused persons namely (1) Manjinder Singh son of Gurpiar Singh (2) Lakhwinder Singh son of Chhinder Singh (3) Harman Singh son of Bhushan Singh (4) Sai son of Prithi Singh, all residents of village Khai and 2-3 uniden)fied accused persons. In his statement recorded with the police, complainant/present pe))oner alleged that on 29.06.2024, complainant was going to fields of Manpreet Singh and when he reached bit ahead of Dharmshala to the side of Bus stand at around 9.00 PM, at that )me Manjinder Singh son of Gurpiar Singh armed with iron pipe, Lakhwinder Singh S/o Chhinder Singh armed with baseball and Harnam Singh S/o Bhushan Singh armed with Daang and Shan) S/o Pirthi Singh carrying Daang along with three unknown accused persons came there and surrounded said complainant and then Manjinder Singh raised Lalkara and said the companions to catch the complainant and teach the complainant how to speak with them. Upon this, Lakhwinder Singh inflicted injury on the head of said complainant with baseball and then Harman Singh gave a Daang blow which hit on the right hand of the complainant then Manjinder Singh gave iron pipe blow on the shoulders of the complainant due to which he falls down and while he was laying down, Shan) Singh besides unknown persons gave kicks blows on the legs, back and stomach of the complainant. Upon alarm raised by said complainant, his brother Joginder Singh and other public gathered and all the accused persons escaped from the spot along with their respec)ve weapons. Subsequently, on the statement besides MLR No. KKP/178/Moga/2024 dated 29.06.2024 pertaining to injured/complainant (second party) Manjinder Singh son of Gurpiar Singh, resident of Khai, the cross version of this case was registered vide DDR No.021 dated 05.07.2024 recorded at Police Sta)on Nihal Singh Wala, under Sec)ons 323, 324, 34 IPC (326 IPC added later-on), by name, against three accused persons namely (1) Varinder Singh son of Sukhmander Singh @ Waqil (present pe))oner) (2) Baljinder Singh son of Pargat Singh & (3) Pinka Singh son of Neela Singh, all residents of village Khai. It is alleged by the aforesaid complainant Manjinder Singh (second party) that on 29.06.2024, at about 9:00 P.M; complainant Manjinder Singh along with his colleague namely Lakhwinder Singh was coming to his house, then in the meanwhile, accused Baljinder Singh gave him blow with the s)ck on his for head, accused/pe))oner Varinder Singh gave him injury on the fingers of his right hand with baseball while co-accused Pinka Singh gave kick blows to said 2 JYOTI 2025.01.15 09:33 I attest to the accuracy and integrity of this order/judgment. CRM-M-50400-2024 complainant Manjinder Singh while he fell down on ground. All the accused had also beaten-up and inflicted injuries to complainant's colleague namely Lakhwinder Singh.” 4. The pe(cid:14)(cid:14)oner's counsel prays for bail by imposing any stringent condi(cid:14)ons and contends that further pre-trial incarcera(cid:14)on would cause an irreversible injus(cid:14)ce to the pe(cid:14)(cid:14)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:14)ons of the reply, which read as follows: “5. (A) The role of the pe))oner: That on 29.06.2024, at about 9:00 P.M; Manjinder Singh along with his colleague namely Lakhwinder Singh was coming to his house, then in the meanwhile, accused Baljinder Singh gave him blow with the s)ck which hit on his head of said complainant whereas, the present pe))oner Varinder Singh gave him injury on the fingers of his right hand with baseball while co-accused Pinka Singh gave kick blows to said complainant Manjinder Singh while he fell down on ground. All the accused had also beaten-up and inflicted injuries to complainant's colleague namely Lakhwinder Singh. (B). The evidence against the pe))oner: That as per the statement recorded by complainant (Second party) Manjinder Singh has specifically named the present pe))oner Varinder Singh in his statement recorded with the police that accused/pe))oner Varinder Singh has inflicted injury on the fingers of his right hand of said complainant with baseball and that the MLR is also available on the record whereby all the injures on the person of said injured have been opined to be inflicted from sharp edged weapon.” 7. It’s a case of version and cross-version, and who was the aggressor is subject ma-er of the trial. 8. Pre-trial incarcera(cid:14)on should not be a replica of post-convic(cid:14)on sentencing. The
Legal Reasoning
evidence might be prima facie sufficient to launch prosecu(cid:14)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:14)cipatory bail. An analysis of the above does not jus(cid:14)fy custodial interroga(cid:14)on or pre- trial incarcera(cid:14)on. 9. JYOTI 2025.01.15 09:33 I attest to the accuracy and integrity of this order/judgment. Given the above, the penal provisions invoked coupled with the primafacie 3 CRM-M-50400-2024 analysis of the nature of allega(cid:14)ons and the other factors peculiar to this case, there would be no jus(cid:14)fiability for custodial interroga(cid:14)on or the pre-trial incarcera(cid:14)on at this stage. 10. Without commen(cid:14)ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men(cid:14)oned above, the pe(cid:14)(cid:14)oner makes a case for bail. This order shall come into force from the (cid:14)me it is uploaded on this Court's official webpage. 11. Given above, provided the pe(cid:14)(cid:14)oner is not required in any other case, the pe(cid:14)(cid:14)oner shall be released on bail in the FIR cap(cid:14)oned above subject to furnishing bonds to the sa(cid:14)sfac(cid:14)on of the Arres(cid:14)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:14)ng the surety, the concerned Officer/Court must be sa(cid:14)sfied that if the accused fails to appear, such surety can produce the accused. 12. While furnishing a personal bond, the pe(cid:14)(cid:14)oner shall men(cid:14)on the following personal iden(cid:14)fica(cid:14)on details: 1. AADHAR number 2. Passport number (If available) and when the a-es(cid:14)ng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) E-Mail id (If available) 4. 13. This order is subject to the pe(cid:14)(cid:14)oner’s complying with the following terms. The pe(cid:14)(cid:14)oner shall abide by all statutory bond condi(cid:14)ons and appear before the concerned Court(s) on all dates. The pe(cid:14)(cid:14)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. 14. 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:14)(cid:14)oner shall be in deemed custody for Sec(cid:14)on 27 of the Indian Evidence Act, 1872/ Sec(cid:14)on 23 of BSA, 2023. The pe(cid:14)(cid:14)oner shall join the inves(cid:14)ga(cid:14)on as and when called by the Inves(cid:14)ga(cid:14)ng Officer or any Superior Officer and shall cooperate with the inves(cid:14)ga(cid:14)on at all further stages as required. In the event of failure to do so, the prosecu(cid:14)on will be open to seeking cancella(cid:14)on of the bail. During the inves(cid:14)ga(cid:14)on, the pe(cid:14)(cid:14)oner shall not be subjected to third-degree, indecent JYOTI 2025.01.15 09:33 I attest to the accuracy and integrity of this order/judgment. 4 CRM-M-50400-2024 language, inhuman treatment, etc. 15. Given the nature of the allega(cid:14)ons and the other circumstances peculiar to this case, the pe(cid:14)(cid:14)oner shall not enter the property, workplace, and residence of the vic(cid:14)m un(cid:14)l the statements of all non-official and informal witnesses in the trial are recorded. This Court is imposing this condi(cid:14)on to rule out any a-empt by the accused to incapacitate, influence, or cause any discomfort to the vic(cid:14)m. Reference be made to Vikram Singh v Central Bureau of Inves(cid:14)ga(cid:14)on, 2018 All SCR (Crl.) 458); and Aparna Bha- v. The State of Madhya Pradesh, 2021:INSC:192, 2021 SCC Online SC 230. 16. Given the background of allega(cid:14)ons against the pe(cid:14)(cid:14)oner, it becomes paramount to protect the vic(cid:14)m, and their family members, as well as the members of society, and incapacita(cid:14)ng the accused would be one of the primary op(cid:14)ons un(cid:14)l the filing of the closure report or discharge, or acqui-al. Consequently, it would be appropriate to restrict the possession of firearm(s). [This restric(cid:14)on is being imposed based on the preponderance of evidence of probability and not of evidence of certainty, i.e., beyond reasonable doubt; and as such, it is not to be construed as an intermediate sanc(cid:14)on]. Given the nature of the allega(cid:14)ons and the other circumstances peculiar to this case, the pe(cid:14)(cid:14)oner shall surrender all weapons, firearms, and ammuni(cid:14)on, if any, along with the arms license to the concerned authority within fiKeen days from release from prison and inform the Inves(cid:14)gator about the compliance. However, subject to the Indian Arms Act, 1959, the pe(cid:14)(cid:14)oner shall be en(cid:14)tled to renew and take it back in case of acqui-al in this case, provided otherwise permissible in the concerned rules. Restric(cid:14)ng firearms would ins(cid:14)ll confidence in the vic(cid:14)m(s), their families, and society; it would also restrain the accused from influencing the witnesses and repea(cid:14)ng the offense. 17. The condi(cid:14)ons men(cid:14)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:14)(cid:14)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:14)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:14)onal to the purpose of imposing them. The courts, while imposing bail condi(cid:14)ons must balance the liberty of the accused and the necessity of a fair trial. While doing so, condi(cid:14)ons that would result in the depriva(cid:14)on of rights and liber(cid:14)es must be eschewed.” 18. In case the Inves(cid:14)gator/Officer-In-Charge of the concerned Police Sta(cid:14)on arraigns another sec(cid:14)on of any penal offense in this FIR, and if the new sec(cid:14)on JYOTI 2025.01.15 09:33 I attest to the accuracy and integrity of this order/judgment. 5 CRM-M-50400-2024 prescribes a maximum sentence that is not greater than the sec(cid:14)ons men(cid:14)oned above, then this bail order shall be deemed to have also been passed for the newly added sec(cid:14)on(s). However, suppose the newly inserted sec(cid:14)ons prescribe a sentence exceeding the maximum sentence prescribed in the sec(cid:14)ons men(cid:14)oned above; then, in that case, the Inves(cid:14)gator/Officer-In-Charge shall give the pe(cid:14)(cid:14)oner no(cid:14)ce of a minimum of seven days, providing an opportunity to avail the remedies available in law. 19. This bail is condi(cid:14)onal, and the founda(cid:14)onal condi(cid:14)on is that if the pe(cid:14)(cid:14)oner indulges in any non-bailable offense, the State may file an applica(cid:14)on for cancella(cid:14)on of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 20. Any observa(cid:14)on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 21. A cer(cid:14)fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe(cid:14)(cid:14)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:14)ng officer wants to verify its authen(cid:14)city, such an officer can also verify its authen(cid:14)city and may download and use the downloaded copy for a-es(cid:14)ng bonds. 22. Pe--on allowed in terms men(cid:14)oned above. All pending applica(cid:14)ons, if any,
Decision
stand disposed of. 13.01.2025 Jyo--II Whether speaking/reasoned: Whether reportable: Yes No. (ANOOP CHITKARA) JUDGE JYOTI 2025.01.15 09:33 I attest to the accuracy and integrity of this order/judgment. 6