The High Court
Case Details
CRM-M-52425-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-52425-2024 Reserved on: 13.01.2025 Pronounced on: 27.01.2025 Jagtar Singh @ Kala ...Pe(cid:17)(cid:17)oner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Ankit Sharma, Advocate for Mr. Mandeep Kumar Dhot, Advocate for the pe(cid:17)(cid:17)oner. Mr. Akshay Kumar, A.A.G, Punjab. ANOOP CHITKARA, J. **** FIR No. Dated Police Sta0on Sec0ons 110 12.06.2023 Lehra, District Sangrur 458, 324, 307, 341, 201, 148, 149 IPC 1.
Legal Reasoning
The pe(cid:17)(cid:17)oner incarcerated in the FIR cap(cid:17)oned above came before this Court under Sec(cid:17)on 439 CrPC, seeking regular bail. 2. In paragraph 05 of the bail pe(cid:17)(cid:17)on, the accused declares that he has no criminal antecedents. 3. The facts and allega(cid:17)ons are being taken from the status report filed by the State, which reads as follows: “2. xxx xxx the brief facts of present No.FIR No.110 dated 12.06.2023 u/s 458, 324, 307, 341, 148, 149 IPC P.S. Lehra, District Sangrur are that the present FIR was registered against Nikka Singh son of Bhola Singh, Gursewak Singh son of Bhola Singh residents of Bhai Ki Pishor, P.S. Lehra, District Sangrur and un-known person(s) on the basis of statement of Binder Singh son of Maghi Singh resident of Bhai Ki Pishor to the effect that on 11.06.2023, at about 11:30 P.M., Nikka Singh, Gursewak Singh and 5/6 unknown persons entered into the house of his brother Bhola Singh, who rescued himself by closing the door from inside and then the said persons threw bricks/stones on the windows/door of the house, then Bhola Singh raised alarm and the aforesaid persons ran away from the JYOTI 2025.01.28 09:24 I attest to the accuracy and integrity of this order/judgment. 1 CRM-M-52425-2024 spot and therea8er, he (Binder Singh) and his nephew Kalu Singh, Gurdeep Singh and Sagar Singh were going to the police sta9on then Nikka Singh and others surrounded them and Nikka Singh hit Kalu Singh with sword on his head, then Gursewak Singh hit Kalu Singh with sword on his head and then Binder Singh tried to rescue him (Kalu Singh), then Nikka Singh hit Binder Singh with sword on his le8 elbow. On raising alarm, aforesaid persons ran away from the spot along with weapons. The mo9ve behind is that, Gursewak Singh did something wrong to a girl from our houses 2/3 months ago and we used to stop him from doing so. Due to this reason Gursewak Singh and his companions gave bea9ngs to them with the inten9on to kill to them.” 4. 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. 5. 6. The State’s counsel opposes bail and refers to the status report. It would be appropriate to refer to the following por(cid:17)ons of the status report, which read as follows: “5. That accused Gursewak Singh was arrested on 17.06.2023. During interroga9on he disclosed that the weapons which were used in the crime by four of us, were thrown in the Bhakhra Canal. Due to non recovery of weapon, offence u/s 201 IPC was added. On 18.06.2023 Binder Singh (complainant of the case) recorded his supplementary statement before the I.O. that he made inquiry regarding the un-known person(s) involved in the crime and came to know that the name of two persons are as Maninder Singh son of Tarsem Singh resident of Chhahar and Jagtar Singh @ Kala son of Janta Singh resident of Nangla. Ac9on be taken against them. On the basis of said statement of Binder Singh, the persons namely Maninder Singh and Jagtar Singh @ Kala (now pe99oner) were nominated as accused in this case. During ongoing inves9ga9on person namely Maninder Singh and Gurpreet Singh @ Nikka were found as Juvenile. Due to which they were joined the inves9ga9on on 18.06.2023 and were produced before the Court of Ld. Juvenile Jus9ce Board and with the permission of Court, they were lodged in Home Observa9on, Ludhiana. JYOTI 2025.01.28 09:24 I attest to the accuracy and integrity of this order/judgment. 2 CRM-M-52425-2024 10. ROLE OF THE PETITIONER The present FIR was registered against accused Gursewak Singh and Nikka Singh (later on verified as Gurpreet Singh @Nikka) and un-known person(s) on the basis of statement of Binder Singh son of Maghi. During inves9ga9on on the basis of supplementary statement made by complainant Binder Singh, the persons namely Maninder Singh and Jagtar Singh @ Kala (now pe99oner) were nominated as accused in this case. It was duly substan9ated that on 11.06.2023, all the four accused including present pe99oner Jagtar Singh @ Kala forcibly entered into the house of Bhola Singh (brother of complainant) and threw bricks/stones on the windows/door of the house. On the same day i.e. 11.06.2023, when complainant alongwith Malkit Singh @ Kalu, Gurdeep Singh and Sagar Singh were going to the police sta9on, then on the way, all the four accused including present pe99oner Jagtar Singh @ Kala gave bea9ngs to the complainant Binder Singh and his nephew Malkit Singh @ Kalu and inflicted 2 injuries to Binder Singh and 10 injuries to Malkit Singh @ Kalu with the inten9on to kill them. Out of 10 injuries on the person of Malkit Singh @ Kalu, injuries no. 1 to 7 were declared by the doctor as grievous in nature. Accused/pe99oner Jagtar Singh @ Kala inflicted injuries no. 5 and 6 (as per detail facts given in para no. 7 above) on the person of Malkit Singh @ Kalu with the inten9on to kill him. So, a specific role is aGributed to the pe99oner in the commission of present serious offence.” 7. The incident was of 12.06.2023 and the pe(cid:17)(cid:17)oner was named in a supplementary statement dated 13.06.2023. Despite that, the pe(cid:17)(cid:17)oner was arrested on 07.02.2024 i.e. a=er 08 months. Furthermore, the pe(cid:17)(cid:17)oner’s custody is slightly less than one year, on this ground alone, it is not a case for custodial interroga(cid:17)on or pre- trial incarcera(cid:17)on. 8. There is sufficient primafacie evidence connec(cid:17)ng the pe(cid:17)(cid:17)oner with the alleged crime. However, pre-trial incarcera(cid:17)on should not be a replica of post-convic(cid:17)on sentencing. 9. As per paragraph 3 (III) of the bail pe(cid:17)(cid:17)on, the pe(cid:17)(cid:17)oner has been in custody since 07.02.2024. As per the same, the pe(cid:17)(cid:17)oner’s total custody in this FIR is around eleven months. 10. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allega(cid:17)ons and the other factors peculiar to this JYOTI 2025.01.28 09:24 I attest to the accuracy and integrity of this order/judgment. 3 CRM-M-52425-2024 case, there would be no jus(cid:17)fiability further 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 bonds to the sa(cid:17)sfac(cid:17)on of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep(cid:17)ng the surety, the concerned 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 aGes(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.
Legal Reasoning
This order is subject to the pe(cid:17)(cid:17)oner’s complying with the following terms. 15. 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. 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 aGempt 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 BhaG 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 paramount to protect the vic(cid:17)m, and their family members, as well as the members of JYOTI 2025.01.28 09:24 I attest to the accuracy and integrity of this order/judgment. 4 CRM-M-52425-2024 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 acquiGal. Consequently, it would be appropriate to restrict the possession of firearm(s). [This restric(cid:17)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: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 fi=een days from release from prison and inform the Inves(cid:17)gator about 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 take it back in case of acquiGal in this case, provided otherwise permissible in 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. 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. 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 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 JYOTI 2025.01.28 09:24 I attest to the accuracy and integrity of this order/judgment. 5 CRM-M-52425-2024 official web page of this Court and aGest it to be a true copy. If the aGes(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 aGes(cid:17)ng bonds. 23. Pe00on allowed in terms men(cid:17)oned above. All pending applica(cid:17)ons, if any,
Decision
stand disposed of. 27.01.2025 Jyo0-II Whether speaking/reasoned: Whether reportable: Yes No. (ANOOP CHITKARA) JUDGE JYOTI 2025.01.28 09:24 I attest to the accuracy and integrity of this order/judgment. 6