The High Court
Case Details
CRM-M-51607-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-51607-2024 Reserved on: 15.01.2025 Pronounced on: 27.01.2025 Sukhjinder Singh @ Babban Mann ...Pe(cid:20)(cid:20)oner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present:
Legal Reasoning
Mr. K.S. Brar, Advocate, for the pe(cid:20)(cid:20)oner. Mr. Jasjit Singh, DAG, Punjab. ANOOP CHITKARA, J. **** FIR No. Dated Police Sta0on Sec0ons 122 19.09.2024 Kotwali, Dis.. Bathinda 118(1), 115(2), 191(3), 190, 351(3) of BNS, 2023 1. The pe(cid:20)(cid:20)oner apprehending arrest in the FIR cap(cid:20)oned above has come up before this Court under Sec(cid:20)on 482 of Bhara(cid:20)ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an(cid:20)cipatory bail. 2. In paragraph 15 of the bail pe(cid:20)(cid:20)on, the accused declares that he has no criminal antecedents. 3. The facts of the case are being taken from the FIR, which reads as follows: “Statement of Rajinder Singh son of Jagsir Singh son of Nazar Singh resident of village Dhilwan Kalan, Tehsil Kotakpura District Faridkot aged about 29 years, mobile No. 87278-xxxxx, I would like to state that I am resident of above noted address and doing study of MA (Philosophy) in Government Rajindra College, Bathinda. I am member of State Commi4ee of Punjab Students Union and use to join the agita6ons done regarding the educa6on ma4ers and benefits of the students in Educa6onal ins6tu6ons. Apart from it, our organiza6on is also raising voice against the drug smugglers and outsides and bad elements who are taun6ng on girls in the colleges. Due my said ac6vi6es, on 18.09.2024 at 12.30 PM, I along with my friend Lakhvir Singh son of Sarabjit Singh resident of JYOTI 2025.01.28 09:24 I attest to the accuracy and integrity of this order/judgment. 1 CRM-M-51607-2024 Bajakhana, Faridkot were si>ng in the canteen of college then Lakhi Chahal resident of village Bhaini Chuhar Maur, Babban Mann resident of Maur Mandi, Arsh Brar resident of Maur Mandi, Lakhvir Singh @ Lakhi resident of Jodhpur, District Bathinda, Bobby Preet and 6-7 unknown persons came in the canteen of college, Arshbrar was armed with iron rod, Babban Mann was armed with Kirpan, Bobby Preet was armed with Baseball and they encircled me and started abusing me by saying that you Ku>a Churia how dare you to do agita6on against us, we will make you Banda, then Arsh Barar has given blow of his iron rod to me which hit on underside of my right side shoulder, then Babban Man has given blow of his Kirpan to me which hit on upper side of my right eye, then I fell down on the ground and Bobby Preet has given blow of baseball on my right side thigh and remaining persons have also given me kick blows. I raised noise Marta Marta then on looking the gathering of public, they all ran away from the spot along with their weapons on motorcycle beading registra6on No.PB03-AW-0568 Car bearing registra6on No.PB03-BL-7458 and Car bearing registra6on No.PB03-BL-1728. Due to my serious injuries my friend Sukhpreet Singh son of Gurpreet Singh resident of village Maur Kotakpura Faridkot, Lakhvir Singh and Dheeraj Kumar son of Avdesh Kumar resident of Jhooley Lal Colony near Railway Sta6on Fazilka have got me admi4ed in Civil Hospital Bathinda and aDer treatment I went to my house. The mo6ve behind the grudge is that these persons are outsiders and we use to do agita6on against them, due to which are having grudge against us and today they have caused injuries to me. Legal ac6on be taken against them. Statement got recorded, heard, same is correct.” 4. Counsel for the pe(cid:20)(cid:20)oner submits that as per the allega(cid:20)ons, the pe(cid:20)(cid:20)oner had given a kirpan blow on the right side of the head, whereas, the story is concocted and it is due to poli(cid:20)cal vende.a. He further submits that there is a delay of 24 hours of registra(cid:20)on of FIR, whereas, occurrence took place on 18.09.2024 at day (cid:20)me but the police was informed on the next date i.e. 19.09.2024 at 7.30 p.m. which would give (cid:20)me for delibera(cid:20)ons and concoc(cid:20)ons and improvements. He further submits that the pe(cid:20)(cid:20)oner’s age is 20 years and is pursuing his educa(cid:20)on and he is a first offender. 5. The pe(cid:20)(cid:20)oner's counsel prays for bail by imposing any stringent condi(cid:20)ons and contends that further pre-trial incarcera(cid:20)on would cause an irreversible injus(cid:20)ce to the pe(cid:20)(cid:20)oner and his family. JYOTI 2025.01.28 09:24 I attest to the accuracy and integrity of this order/judgment. 2 CRM-M-51607-2024 6. 7. The State’s counsel opposes bail and refers to the status report. It would be appropriate to refer to the following por(cid:20)ons of the status report, which read as follows: “3 (iv). During the inves6ga6on conducted so far, the incrimina6ng evidence has come on file against all the accused including the pe66oner. The complainant is studying in the Rajindra College, Bathinda. The accused are also students of the same college. On 18.09.2024 when the complainant and his friend Lakhvir Singh were present in the Canteen of Rajindra College, the accused armed with weapons came there and caused injuries to the complainant. The ma4er is under inves6ga6on. The mo6ve behind this occurrence is that the complainant is the commi4ee member of the Punjab Students Union and par6cipates in the struggles launched to protect the interest of the students and in educa6on ma4ers and raises the issue against the outsiders who indulge in ac6vi6es detrimental to the interest of the students. Due to the above said reason, the accused who are outsiders, were nursing grudge against the complainant and caused injuries to him. 4 The Role of the pe66oner - The pe66oner and co-accused caused three injuries to the complainant with their respec6ve weapons. The injury No.1 caused with kirpan, is a4ributed 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.” 8. The pe(cid:20)(cid:20)oner has a.ributed an injury on the upper side of right eye of complainant with a kirpan. The nature of weapon used and the place at which the injury is a.ributed makes the offence very heinous and cruel. In addi(cid:20)on to the statement of injured men(cid:20)oning the accused, who had caused the injury with kirpan, the same is also corroborated by the medical evidence. The grounds taken by the pe(cid:20)(cid:20)oner about his young age and going to the college do not override the way in which he had used Kirpan on a vital and sensi(cid:20)ve part of a human body. 9. A perusal of the bail pe(cid:20)(cid:20)on and the documents a.ached primafacie points towards the pe(cid:20)(cid:20)oner’s involvement and does not make out a case for an(cid:20)cipatory bail. The impact of crime would also not jus(cid:20)fy an(cid:20)cipatory bail. Any further discussions will likely prejudice the pe(cid:20)(cid:20)oner; this court refrains from doing so. 10. Any observa(cid:20)on made hereinabove is neither an expression of opinion on the JYOTI 2025.01.28 09:24 I attest to the accuracy and integrity of this order/judgment. 3 CRM-M-51607-2024 case's merits nor shall the trial Court advert to these comments. 11. Pe00on dismissed. Interim orders, if any, are recalled with immediate effect. All
Decision
pending applica(cid:20)ons, if any, are disposed of. (ANOOP CHITKARA) JUDGE 27.01.2025 Jyo(cid:20)-II Whether speaking/reasoned: Whether reportable: Yes No. JYOTI 2025.01.28 09:24 I attest to the accuracy and integrity of this order/judgment. 4