The High Court
Case Details
CRM-M-54816-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-54816-2024 Reserved on: 15.02.2025 Pronounced on: 28.02.2025 Lovely ...Pe(cid:10)(cid:10)oner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Umesh Kumar, Advocate for Mr. Sanjeev Singh Taank, Advocate, for the pe(cid:10)(cid:10)oner. Mr. Jasjit Singh, DAG, Punjab.
Legal Reasoning
evidence might be prima facie sufficient to launch prosecu(cid:10)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:10)cipatory bail. An analysis of the above does not jus(cid:10)fy custodial interroga(cid:10)on or pre- trial incarcera(cid:10)on. 8. Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allega(cid:10)ons, factum of compromise and the other factors peculiar to this case, there would be no jus(cid:10)fiability for custodial interroga(cid:10)on or the pre-trial incarcera(cid:10)on at this stage. Without commen(cid:10)ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men(cid:10)oned above, the pe(cid:10)(cid:10)oner makes a case for bail. 9. Given above, provided the pe(cid:10)(cid:10)oner is not required in any other case, the pe(cid:10)(cid:10)oner shall be released on an(cid:10)cipatory bail in the FIR cap(cid:10)oned above subject to furnishing bonds to the sa(cid:10)sfac(cid:10)on of the Arres(cid:10)ng Officer, and if the ma2er is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep(cid:10)ng the surety, the concerned Officer/Court must be sa(cid:10)sfied that if the accused fails to appear, such surety can produce the accused. 10. While furnishing a personal bond, the pe(cid:10)(cid:10)oner shall men(cid:10)on the following personal iden(cid:10)fica(cid:10)on details: 1. AADHAR number 2. Passport number (If available) and when the a2es(cid:10)ng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) E-Mail id (If available) 4. 11. This order is subject to the pe(cid:10)(cid:10)oner’s complying with the following terms. 12. The pe(cid:30)(cid:30)oner is directed to join the inves(cid:30)ga(cid:30)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(cid:30)gator. The pe(cid:10)(cid:10)oner shall be in deemed custody for Sec(cid:10)on 27 of the Indian Evidence Act, 1872/ Sec(cid:10)on 23 of BSA, 2023. The pe(cid:10)(cid:10)oner shall join the inves(cid:10)ga(cid:10)on as and when called by the Inves(cid:10)ga(cid:10)ng Officer or any Superior Officer and shall cooperate with the inves(cid:10)ga(cid:10)on at all further stages as required. In the event of failure to do so, the prosecu(cid:10)on will be open to seeking cancella(cid:10)on of the bail. During the inves(cid:10)ga(cid:10)on, the pe(cid:10)(cid:10)oner shall not be subjected to third-degree, indecent JYOTI 2025.03.01 12:53 I attest to the accuracy and integrity of this order/judgment. 3 CRM-M-54816-2024 language, inhuman treatment, etc. 13. The pe(cid:10)(cid:10)oner shall abide by all statutory bond condi(cid:10)ons and appear before the concerned Court(s) on all dates. The pe(cid:10)(cid:10)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. In case the Inves(cid:10)gator/Officer-In-Charge of the concerned Police Sta(cid:10)on arraigns another sec(cid:10)on of any penal offense in this FIR, and if the new sec(cid:10)on prescribes a maximum sentence that is not greater than the sec(cid:10)ons men(cid:10)oned above, then this bail order shall be deemed to have also been passed for the newly added sec(cid:10)on(s). However, suppose the newly inserted sec(cid:10)ons prescribe a sentence exceeding the maximum sentence prescribed in the sec(cid:10)ons men(cid:10)oned above; then, in that case, the Inves(cid:10)gator/Officer-In-Charge shall give the pe(cid:10)(cid:10)oner no(cid:10)ce of a minimum of seven days, providing an opportunity to avail the remedies available in law. 15. This bail is condi0onal, and the founda0onal condi0on is that if the pe00oner indulges in any non-bailable offense, the State may file an applica0on for cancella0on of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 16. The concerned trial court is authorized to delete, modify, or relax any of the above condi(cid:10)ons and shall be competent to do so in accordance with the law. 17. Any observa(cid:10)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:10)fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe(cid:10)(cid:10)oner can download this order along with case status from the official web page of this Court and a2est it to be a true copy. If the a2es(cid:10)ng officer wants to verify its authen(cid:10)city, such an officer can also verify its authen(cid:10)city and may download and use the downloaded copy for a2es(cid:10)ng bonds. 19. Pe00on allowed in terms men(cid:10)oned above. All pending applica(cid:10)ons, if any,
Arguments
Mr. Kunal Goyal, Advocate, for the complainant. ANOOP CHITKARA, J. **** FIR No. Dated Police Sta0on Sec0ons 44 23.02.2024 Bas(cid:10) Bawa Khel, Tehsil & Dis2. Jalandhar (Punjab) 307, 341, 323, 324, 506, 148 & 149 IPC 1. The pe(cid:10)(cid:10)oner apprehending arrest in the FIR cap(cid:10)oned above has come up before this Court under Sec(cid:10)on 482 of Bhara(cid:10)ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an(cid:10)cipatory bail. 2. In paragraph 16 of the bail pe(cid:10)(cid:10)on, the accused declares that he has no criminal antecedents. 3. The facts and allega(cid:10)ons are being taken from the reply filed by the State, which reads as follows: “2.1) That the complainant Juber son of Aish Mohammad has got registered the case with the allega(cid:30)ons that they are working in Leather Complex and Chand is youngest aged about 16 years, whereas Raja is aged about 16 years is his maternal uncle's son who came to meet them in the factory on 22.02.2024. A+er mee(cid:30)ng them, they were returning to their home. At about 06:30 PM, when they reached in front of Prime Bonus Factory, then two young boys rammed their motorcycle in to them and there was an alterca(cid:30)on. The boy named Tushar Kapoor was driving the motorcycle and they have also abused them. At about 07:30 PM when complainant reached near Bas(cid:30) Peer Daad, then both those boys along JYOTI 2025.03.01 12:53 I attest to the accuracy and integrity of this order/judgment. 1 CRM-M-54816-2024 with other 4-5 unknown persons waylaid them and a7acked them. They were loudly saying that complainant party be taught a lesson for dispu(cid:30)ng with them. Tushar Kapoor caught hold of the complainant from his arms and scuffled with him and raised exhorta(cid:30)on to the present pe(cid:30)(cid:30)oner that complainant party not be spared. 2) That the complainant further alleged that the pe(cid:30)(cid:30)oner gave datar blow on the head of younger brother of complainant namely Chand and second blow towards the head of Raja, whereas other unknown boys also gave injuries on different parts of body of his brother. Due to injuries by the pe(cid:30)(cid:30)oner and other unknown boys, both brothers of the complainant started bleeding profusely and fell on the ground and then Tushar Kapoor and other unknown boys also inflicted the injuries with an inten(cid:30)on to commit their murder and a+erward ran away with their respec(cid:30)ve weapons.” 4. The pe(cid:10)(cid:10)oner's counsel prays for bail by imposing any stringent condi(cid:10)ons and contends that further pre-trial incarcera(cid:10)on would cause an irreversible injus(cid:10)ce to the pe(cid:10)(cid:10)oner and his family. 5. The State’s counsel opposes bail and refers to the reply. Counsel for the complainant submits that the ma2er has been compromised and he has no objec(cid:10)on in case, bail pe(cid:10)(cid:10)on is allowed and refer his statement made on 16.01.2025. 6. It would be appropriate to refer to the following por(cid:10)ons of the reply, which read as follows: “3. INJURIES INFLICTED BY PETITIONER 1) That the pe(cid:10)(cid:10)oner has inflicted injuries with datar upon the person of the vic(cid:10)m Chand which has been found to be grievous in nature, as there is linear fracture of bilateral parietal bone with overlying soF (cid:10)ssue hematoma and thickening. 2) That due to the nature of injuries offence under sec(cid:10)on 326 of Indian Penal Code, 1860 was also added vide DDR No.25 dated 06.08.2024. 4. RECOVERY OF WEAPON USED IN COMMISSION OF OFFENCE That the injury a2ributed to the pe(cid:10)(cid:10)oner is with the help of means of datar and he was also member of an unlawful assembly, who tried to commit murder and the weapon used in the commission of crime have yet to be recovered. Therefore, the custodial interroga(cid:10)on by the police of the pe(cid:10)(cid:10)oner is necessary.” JYOTI 2025.03.01 12:53 I attest to the accuracy and integrity of this order/judgment. 2 CRM-M-54816-2024 REASONING: 7. Pre-trial incarcera(cid:10)on should not be a replica of post-convic(cid:10)on sentencing. The
Decision
stand disposed of. 28.02.2025 Jyo0-II (ANOOP CHITKARA) JUDGE Whether speaking/reasoned: Whether reportable: Yes No. JYOTI 2025.03.01 12:53 I attest to the accuracy and integrity of this order/judgment. 4