07.01.2025 Sunny @ Kadar State of Punjab v. Pe(cid:14)(cid:14)oner
Case Details
CRM-M-49852-2024 206-1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-49852-2024 Date of Decision: 07.01.2025 Sunny @ Kadar State of Punjab Versus ...Pe(cid:14)(cid:14)oner …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Raghav Soni, Advocate for the pe(cid:14)(cid:14)oner. Mr. Sukhdev Singh, A.A.G, Punjab assisted by ASI Parvinder Singh. Mr. Rajat Dogra, Advocate for the complainant. **** ANOOP CHITKARA, J. DDR No. Dated Police Sta0on Sec0ons 32 24.06.2024 ‘A’ Division, Amritsar 452, 427, 148, 149 IPC in
Facts
FIR No. Dated Police Sta0on Sec0ons 98 24.06.2024 ‘A’ Division, Amritsar 323, 341, 506, 148, 149, 325 IPC (added later on) 1. The pe(cid:14)(cid:14)oner apprehending arrest in the DDR 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 15 of the bail pe(cid:14)(cid:14)on, the accused declares that he has clean antecedents and is not involved in any other case except cross case. However, as per paragraph 9 of the status report dated 06.11.2024 the accused has the following criminal antecedents: Sr. No. 1. FIR No. 84 Dated 13.05.2024 Offenses 447, 448, 427, 148, 149 IPC Police Sta0on A Division, Amritsar 3. The facts and allega(cid:14)ons are being taken from the reply filed by the State, which reads as follows: JYOTI 2025.01.13 09:39 I attest to the accuracy and integrity of this order/judgment. 1 CRM-M-49852-2024 “2. That the brief and relevant facts of the case are that aforesaid FIR No. 98 dated 24.06.2024 was registered on the basis of the statement of the present pe""oner Sunny alias Kadar, who had alleged therein that on 23.06.2024 at about 03:30/04:00 PM, he, his brother Sonu Sabharwal and Ravi Kumar and Rajiv Khokhar and his brother Aniket Khokhar of their opposite side had gone at the shop of Arora Bus Travels for the se1lement of their old dispute but the compromise could not be effected and he and his brother Sonu Sabharwal went to their house and when they were about to leave for their shop, he saw Rajiv Khokhar, Aniket Khokhar, Parveen Khokhar and Joban Gill armed with a kahidasta along with 6/7 uniden"fied persons a1acked his brother Sonu and when he came to forward to rescue his brother, all the aforesaid accused also gave him bea"ng. He further alleged that Parveen Khokhar raised a lalkara to teach them a lesson and on listening the noises, his wife Vandhna and nephew Sameer also came at the spot and Sameer was armed with a kahi for his self defence but the co-accused Rajiv Khokhar snatched kahi from Sameer and caused injury on the head of his wife Vandhna with a blow of a kahi and therea:er Rajiv caused injury on his thumb with a blow of a kahi. He further alleged that the unknown accomplices of the aforesaid accused a1acked upon them by pel"ng brick bats and on brickbat caused injury on the head of his brother Sonu and when he raised hue and cry, all the aforesaid accused fled away from the spot. The detailed facts men"oned by the present pe""oner Sunny alias Kadar in his aforesaid statement has been reproduced in the true transla"on of the aforesaid FIR No. 98 dated 24.06.2024 a1ached with the pe""on as Annexure P-2, which may kindly be read as a part of present paragraph as same are not repeated here for the sake of brevity.” 4. Counsel for the pe(cid:14)(cid:14)oner submits that it is a cross-case and pe(cid:14)(cid:14)oner is not aggressor. He 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 their 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: JYOTI 2025.01.13 09:39 I attest to the accuracy and integrity of this order/judgment. 2 CRM-M-49852-2024 “5. That a cross case vide G.D No. 34 dated 24.06.2024 under sec"on 452, 427, 148 and 149 Indian Penal Code was registered on the basis of the complaint filed by Parveen Kaur, who had alleged therein that on 23.06.2024, there was dispute between her family and Sonu Sabharwal during the day"me and at about 10:15 PM, Sameer, Ashu, Kadar (pe""oner), brother in law of Sameer, Hula along with 35 uniden"fied persons forcibly trespassed into her house and damaged their window panes, fridge, LED TV, Laptop and other household items and at the "me of the alleged occurrence, her daughter Seema was alone at her house and all the aforesaid accused had taken a gold of about Rs. 10 Lakh and cash of Rs. 6 Lakh from the almirah of Rajiv Khokhar. The detailed facts men"oned by Parveen Kaur in her aforesaid complaint has been reproduced in the true transla"on of the G.D No. 34 dated 24.06.2024 a1ached with the pe""on as Annexure P-1, which may kindly be read as a part of present paragraph as same are not repeated here for the sake of brevity. 6. That beside the pe""oner, the names of the co-accused nominated as accused in the present cross case are as under:- i. Sameer son of Sonu; ii. Ashu son of Ravi Kumar; iii. Brother in law of Sameer; iv. Vishal alias Hulla son of Rinku. Role of the pe(cid:10)(cid:10)oner 7. That as per the version of the complainant Parveen Kaur, the pe""oner as an ac"ve member of an unlawful assembly consis"ng of him and the other co-accused had forcibly trespassed into her house and damaged their window panes, fridge, LED TV, Laptop and other household items and at the "me of the alleged occurrence, her daughter Seema was alone at her house.” 7. A perusal of para 6 of the reply clearly points out of the cross-case. At this stage, it is very difficult to determine who was the aggressor? Even the complainant is stated to have handed over a video clipping to the inves(cid:14)gator as men(cid:14)oned in the order dated 03.12.2024. Thus, it is not a case for custodial interroga(cid:14)on or pre-trial incarcera(cid:14)on. 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. Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allega(cid:14)ons and the other factors peculiar to this case, there JYOTI 2025.01.13 09:39 I attest to the accuracy and integrity of this order/judgment. 3 CRM-M-49852-2024 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. 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 maKer 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 aKes(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 language, inhuman treatment, etc. 15. JYOTI 2025.01.13 09:39 I attest to the accuracy and integrity of this order/judgment. In case the Inves(cid:14)gator/Officer-In-Charge of the concerned Police Sta(cid:14)on 4 CRM-M-49852-2024 arraigns another sec(cid:14)on of any penal offense in this FIR, and if the new sec(cid:14)on 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. 16. 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. 17. 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. 18. 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 aKest it to be a true copy. If the aKes(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 aKes(cid:14)ng bonds. 19. Pe00on allowed in terms men(cid:14)oned above. All pending applica(cid:14)ons, if any,
Decision
stand disposed of. 07.01.2025 Jyo(cid:14)-II Whether speaking/reasoned: Whether reportable: Yes No. (ANOOP CHITKARA) JUDGE JYOTI 2025.01.13 09:39 I attest to the accuracy and integrity of this order/judgment. 5