The High Court
Case Details
CRM-M-55327-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-55327-2024 Reserved on: 15.01.2025 Pronounced on: 17.01.2025 Akshit Kumar @ Kato ...Pe(cid:18)(cid:18)oner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Manbir Singh Ba!h, Advocate for the pe(cid:18)(cid:18)oner. Mr. Jasjit Singh, DAG, Punjab. ANOOP CHITKARA, J. ****
Facts
FIR No. Dated Police Sta0on Sec0ons 113 19.09.2024 Sadar Nawanshahr, District SBS Nagar 419, 420, 465, 467, 468, 471, 120-B IPC 1. The pe(cid:18)(cid:18)oner apprehending arrest in the FIR cap(cid:18)oned above has come up before this Court under Sec(cid:18)on 482 of Bhara(cid:18)ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an(cid:18)cipatory bail. 2. In paragraph 11 of the bail pe(cid:18)(cid:18)on, the accused declares the following criminal antecedents: Sr. No. 1 FIR No. 0084 Date 15.12.202 3 Offenses 420 IPC Police Sta(cid:18)on City Banga, District SBS Nagar 3. The facts and allega(cid:18)ons are being taken from the reply filed by the State, which reads as follows: “That it is respec(cid:13)ully submi(cid:19)ed that the brief facts of the present case are that the instant case/FIR has been registered against the pe(cid:29)(cid:29)oner- Akshit Kumar @ Kato as well as other unknown persons vide le(cid:19)er
Legal Reasoning
evidence might be prima facie sufficient to launch prosecu(cid:18)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:18)cipatory bail. An analysis of the above does not jus(cid:18)fy custodial interroga(cid:18)on or pre- trial incarcera(cid:18)on. 9. Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allega(cid:18)ons and the other factors peculiar to this case, there would be no jus(cid:18)fiability for custodial interroga(cid:18)on or the pre-trial incarcera(cid:18)on at this stage. Without commen(cid:18)ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men(cid:18)oned above, the pe(cid:18)(cid:18)oner makes a case for bail. 10. Given above, provided the pe(cid:18)(cid:18)oner is not required in any other case, the pe(cid:18)(cid:18)oner shall be released on an(cid:18)cipatory bail in the FIR cap(cid:18)oned above subject to furnishing bonds to the sa(cid:18)sfac(cid:18)on of the Arres(cid:18)ng Officer, and if the ma!er is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep(cid:18)ng the surety, the concerned Officer/Court must be sa(cid:18)sfied that if the accused fails to appear, such surety can produce the accused. 11. While furnishing a personal bond, the pe(cid:18)(cid:18)oner shall men(cid:18)on the following personal iden(cid:18)fica(cid:18)on details: JYOTI 2025.01.17 14:20 I attest to the accuracy and integrity of this order/judgment. 3 CRM-M-55327-2024 1. AADHAR number 2. Passport number (If available) and when the a!es(cid:18)ng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) E-Mail id (If available) 4. 12. The pe(cid:29)(cid:29)oner is directed to join the inves(cid:29)ga(cid:29)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:29)gator. The pe(cid:18)(cid:18)oner shall be in deemed custody for Sec(cid:18)on 27 of the Indian Evidence Act, 1872/ Sec(cid:18)on 23 of BSA, 2023. The pe(cid:18)(cid:18)oner shall join the inves(cid:18)ga(cid:18)on as and when called by the Inves(cid:18)ga(cid:18)ng Officer or any Superior Officer and shall cooperate with the inves(cid:18)ga(cid:18)on at all further stages as required. In the event of failure to do so, the prosecu(cid:18)on will be open to seeking cancella(cid:18)on of the bail. During the inves(cid:18)ga(cid:18)on, the pe(cid:18)(cid:18)oner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 13. The pe(cid:18)(cid:18)oner shall abide by all statutory bond condi(cid:18)ons and appear before the concerned Court(s) on all dates. The pe(cid:18)(cid:18)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:18)gator/Officer-In-Charge of the concerned Police Sta(cid:18)on arraigns another sec(cid:18)on of any penal offense in this FIR, and if the new sec(cid:18)on prescribes a maximum sentence that is not greater than the sec(cid:18)ons men(cid:18)oned above, then this bail order shall be deemed to have also been passed for the newly added sec(cid:18)on(s). However, suppose the newly inserted sec(cid:18)ons prescribe a sentence exceeding the maximum sentence prescribed in the sec(cid:18)ons men(cid:18)oned above; then, in that case, the Inves(cid:18)gator/Officer-In-Charge shall give the pe(cid:18)(cid:18)oner no(cid:18)ce of a minimum of seven days, providing an opportunity to avail the remedies available in law. 15. This bail is condi(cid:18)onal, and the founda(cid:18)onal condi(cid:18)on is that if the pe(cid:18)(cid:18)oner indulges in any non-bailable offense, the State may file an applica(cid:18)on for cancella(cid:18)on of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 16. Any observa(cid:18)on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 17. A cer(cid:18)fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe(cid:18)(cid:18)oner can download this order along with case status from the JYOTI 2025.01.17 14:20 I attest to the accuracy and integrity of this order/judgment. 4 CRM-M-55327-2024 official web page of this Court and a!est it to be a true copy. If the a!es(cid:18)ng officer wants to verify its authen(cid:18)city, such an officer can also verify its authen(cid:18)city and may download and use the downloaded copy for a!es(cid:18)ng bonds. 18. Pe00on allowed in terms men(cid:18)oned above. All pending applica(cid:18)ons, if any,
Arguments
No.445, dated 03.09.2024 sent by the Court of Ms. Komple Dhanjal, 1.d. JMIC, SBS Nagar wherein it has been stated that remand papers (cid:29)tled State of Punjab Vs. Sunil Du(cid:19) and other in case/ FIR No.84 of 2023 was pending before that Court. Both the accused including present pe(cid:29)(cid:29)oner absented themselves and non- bailable warrants were issued along with 1 JYOTI 2025.01.17 14:20 I attest to the accuracy and integrity of this order/judgment. CRM-M-55327-2024 no(cid:29)ce to their sure(cid:29)es. As per record, one Mohan Singh son of Nathu, resident of Village Akalgarh had furnished surety bonds for accused Akshit Kumar (present pe(cid:29)(cid:29)oner) on 06.05.2024. The said Mohan Singh had affixed his photo on the surety bonds and was duly iden(cid:29)fied by Ajit Singh, Nambardar of Village Akalgarh. In pursuance of no(cid:29)ce issued against surety Mohan Singh, one Mohan Singh came present in the Court and stated that he never furnished surety bonds for accused Akshit Kumar (pe(cid:29)(cid:29)oner). He even stated that his photograph was not affixed on the surety bonds and he has not sworn any affidavit. Then a@er enquiring the ma(cid:19)er, prima-facie it appears that some person impersonated Mohan Singh and furnished surety bonds on 06.05.2024 in the Court.” 4. Counsel for the pe(cid:18)(cid:18)oner has made the following arguments: “That there is a defect in the registra(cid:29)on of FIR as the basic founda(cid:29)on is incorrect. The police cannot have power to inves(cid:29)gate the case U/s 176 of the BNSS, 2023 for the offence booked under IPC and registered under sec(cid:29)on 154 Cr.P.C. The Division Bench of Hon'ble Allahabad High Court in Crl. Misc. Writ Pe(cid:29)(cid:29)on No. 12287 of 2024 (cid:29)tled as 'Deepu and Others V/s State of U.P. and Others' has held that if an FIR is registered on or a@er 01.07.2024 for the offences commi(cid:19)ed prior to 01.07.2024, then the said FIR should be registered under the provisions of IPC but the inves(cid:29)ga(cid:29)on is to be carried as per the procedure provided by the BNSS, 2023 whereas in this case the founda(cid:29)on itself is incorrect. 3. That even the Hon'ble Karnataka High in Criminal Pe(cid:29)(cid:29)on No. 200913 of 2024 (cid:29)tled 'Arun Kumar V/s State of Karnataka and Others' has quashed the FIR which was registered U/s 154 Cr.P.C. a@er the commencement of the BNSS, 2023. 4. That apart from the above it is submi(cid:19)ed that in the case in hand, the pe(cid:29)(cid:29)oner was lodged at Central Jail, Ludhiana when his bail bonds were furnished in FIR No. 84 dated 15.12.2023. The pe(cid:29)(cid:29)oner has no role in the case in hand for arranging the surety bonds at the (cid:29)me of his bail in the said FIR. The police authori(cid:29)es rather than inves(cid:29)ga(cid:29)ng the ma(cid:19)er thoroughly have registered FIR No. 0113 against the pe(cid:29)(cid:29)oner without any basis. No proper inves(cid:29)ga(cid:29)on was conducted as observed by the Ld. JMIC, SBS Nagar in her le(cid:19)er dated 15.12.2023. There is no impersona(cid:29)on on the part of the pe(cid:29)(cid:29)oner as the allega(cid:29)on levelled against him having no substance in it. JYOTI 2025.01.17 14:20 I attest to the accuracy and integrity of this order/judgment. 2 CRM-M-55327-2024 5. The pe(cid:18)(cid:18)oner's counsel prays for bail by imposing any stringent condi(cid:18)ons and contends that further pre-trial incarcera(cid:18)on would cause an irreversible injus(cid:18)ce to the pe(cid:18)(cid:18)oner and their family. 6. 7. The State’s counsel opposes bail and refers to the reply. It would be appropriate to refer to the following por(cid:18)ons of the reply, which read as follows: “5. That it is further submi(cid:19)ed that during the course of inves(cid:29)ga(cid:29)on, the statement of the counsel of pe(cid:29)(cid:29)oner represen(cid:29)ng him in case/FIR No. 84 dated 15.12.2023, registered under Sec(cid:29)on 420 of IPC, at Police Sta(cid:29)on City Banga, District SBS Nagar was also recorded, wherein he stated that it was the pe(cid:29)(cid:29)oner and his family members who sent the surety namely Mohan Singh as well as a(cid:19)es(cid:29)ng witness namely Ajit Singh Namberdar, residents of village Alkalgarh, Tehsil Phagwara, District Kapurthala to his office for furnishing bail bonds of the present pe(cid:29)(cid:29)oner.” 8. Pre-trial incarcera(cid:18)on should not be a replica of post-convic(cid:18)on sentencing. The
Decision
stand disposed of. 17.01.2025 Jyo(cid:29)-II Whether speaking/reasoned: Whether reportable: Yes No. (ANOOP CHITKARA) JUDGE JYOTI 2025.01.17 14:20 I attest to the accuracy and integrity of this order/judgment. 5