The High Court
Case Details
CRM-M-51152-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-51152-2024 Reserved on: 15.01.2025 Pronounced on: 24.01.2025 Gurwinder Singh @ Gurvinder Singh ...Pe(cid:17)(cid:17)oner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. P.K.S. Phoolka, Advocate, for the pe(cid:17)(cid:17)oner. Mr. Jasjit Singh, DAG, Punjab. ANOOP CHITKARA, J. **** FIR No. Dated Police Sta.on Sec.ons 133 01.08.2024 Colony, Canal Dis0. Bathinda 118(1), 115(2), 351(2), 351(3), 191(3), 190 of BNS and Sec(cid:17)ons 117(2) & 118(2) of BNS added later on 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 paragraph 7 of the bail pe(cid:17)(cid:17)on, the accused declares that he has no criminal antecedents. 3. The facts of the case are being taken from the translated copy of the FIR filed by the pe(cid:17)(cid:17)oner, which reads as follows: “Copy of Statement, Statement of Dilpreet Singh son of Sh. Tarsem Singh, resident of near Gali No.23 main road Shaheed Udham Singh Nagar, Bathinda aged about 24 years, Mobile No. 78375-xxxxx, states that I am resident of above said address and doing the work of welding. On dated 29.07.2024 at about 10:30 PM a2er taking the meal I went to walk from our house, I was talking with my friend on phone then I reached nearby the house of the Gurwinder Singh @ Hitler then at that 6me mother of Gurwinder Singh Tara Rani came out of the house and she started giving abuses me and the dispute has been arisen along with her. I crossed their JYOTI 2025.01.27 14:19 I attest to the accuracy and integrity of this order/judgment. 1 CRM-M-51152-2024 house con6nuing talking on phone, than I came back to my house that the light was glowing in the street, then son of Tara Rani namely Gurwinder Singh came in front along with Kapa, and his friend Chandu having Kirpan, Chhota Daddu having Khanda, Chandi having iron Grari and 03 unknown boys along with deadly weapons, then Gurwinder Singh gave Lalkara and said that teach him a lesson for arguing with my mother in the mean6me Gurwinder Singh gave kappa blow on my right arm whom hold his hand which hit on my shoulder then Chandu gave kirpan blow on my le2 arm's shoulder then I fell down, while lying down Chhota Daddu gave injury to me with Khanda, which hit on my le2 arm's wrist and then Chandi gave injury to me with Iron Grari upon me which hit on my le2 side on my waist then unknown three young persons gave injury to me with hand held deadly weapons which hit on my le2 side of the back then I protect myself. I raised raula of marta marta then seeing the neighbours gathered Gurwinder Singh, Chandu, Chhota Daddu, Chandi and three unknown young persons giving life threats and ran away from the spot along with their deadly weapons then in the mean6me my mother Mandeep Kaur came on the spot and arranging the vehicle and admi<ed in the civil hospital Bathinda for treatment. Where I am going under treatment. Mo6ve is that mother of Gurwinder Singh Tara Rani a quarrel between us for using phone. Strict legal ac6on may kindly be taken against Gurwinder Singh, Chandu, Chhota Daddu, Chandi and three unknown persons. Statement given heard correct.” 4. The pe(cid:17)(cid:17)oner’s counsel submits that it was the complainant, who had molested and abused the mother of the pe(cid:17)(cid:17)oner, regarding which the pe(cid:17)(cid:17)oner and his family members, approached the local respectables and further to ini(cid:17)ate appropriate legal ac(cid:17)on against the complainant but in order to save his own skin, a false story is being made to implicate maximum number of persons on the basis of self- suffered injuries which are on all non-vital parts and there is a delay of 03 days in lodging of the FIR, which indicates a concocted story is being prepared. Whereas the pe(cid:17)(cid:17)oner has no concern whatsoever with the alleged occurrence. 5. The pe(cid:17)(cid:17)oner's counsel prays for bail by imposing any stringent condi(cid:17)ons and contends that further pre-trial incarcera(cid:17)on would cause an irreversible injus(cid:17)ce to the pe(cid:17)(cid:17)oner and his family. 6. The State’s counsel opposes bail and refers to the status report. JYOTI 2025.01.27 14:19 I attest to the accuracy and integrity of this order/judgment. 2 CRM-M-51152-2024 7. It would be appropriate to refer to the following por(cid:17)ons of the status report, which read as follows: “4. The Role of the pe66oner - The pe66oner and co-accused caused as many as nine injuries (including three grievous injuries) to the complainant with their respec6ve weapons. The injury No.1 caused with kappa, which is grievous, is a<ributed to the pe66oner. The pe66oner ac6vely par6cipated in the commission of crime. The Evidence against the pe66oner - During the inves6ga6on, the incrimina6ng evidence came on file against the pe66oner as the complainant also named the pe66oner as one of the accused in the commission of crime. The custodial interroga6on of the pe66oner is required to inves6gate the case effec6vely and to recover the kappa used by him in the commission of crime.” 8. Without observing or being influenced by the grounds taken by the pe(cid:17)(cid:17)oner regarding false implica(cid:17)ons, the nature of allega(cid:17)ons and the injuries inflicted, coupled with the fact that the pe(cid:17)(cid:17)oner is a first offender would, neither call for custodial interroga(cid:17)on nor pre-trial incarcera(cid:17)on. It is subject to the condi(cid:17)on that in case, pe(cid:17)(cid:17)oner violates any condi(cid:17)ons, it shall be permissible for the complainant to file an applica(cid:17)on for cancella(cid:17)on of bail. 9. Pre-trial incarcera(cid:17)on should not be a replica of post-convic(cid:17)on sentencing. The
Legal Reasoning
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. 10. 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. 11. 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. This order shall come into force from the (cid:17)me it is uploaded on this Court's official webpage. 12. 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 JYOTI 2025.01.27 14:19 I attest to the accuracy and integrity of this order/judgment. 3 CRM-M-51152-2024 bonds to the sa(cid:17)sfac(cid:17)on of the Arres(cid:17)ng Officer, and if the ma0er 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. 13. 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: 1. AADHAR number 2. Passport number (If available) and when the a0es(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. 14. 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. 15. The pe66oner is directed to join the inves6ga6on 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 Inves6gator. 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. 16. 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 a0empt 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 Bha0 v. The State of Madhya Pradesh, 2021:INSC:192, 2021 SCC Online SC 230. 17. Given the background of allega(cid:17)ons against the pe(cid:17)(cid:17)oner, it becomes JYOTI 2025.01.27 14:19 I attest to the accuracy and integrity of this order/judgment. 4 CRM-M-51152-2024 paramount to protect the members of society, 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 acqui0al. 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 the concerned authority within fiPeen days of release from prison 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 acqui0al 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. 18. 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.” 19. 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. 20. 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 shall 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. 21. Any observa(cid:17)on made hereinabove is neither an expression of opinion on the JYOTI 2025.01.27 14:19 I attest to the accuracy and integrity of this order/judgment. 5 CRM-M-51152-2024 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 a0est it to be a true copy. If the a0es(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 a0es(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. 24.01.2025 Jyo(cid:17)-II Whether speaking/reasoned: Whether reportable: Yes No. (ANOOP CHITKARA) JUDGE JYOTI 2025.01.27 14:19 I attest to the accuracy and integrity of this order/judgment. 6