Jagseer Singh alias Shera v. State of Punjab
Case Details
CRM-M-53991-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1 CRM-M-53991-2025 Reserved on: 01.10.2025 Pronounced on: 28.10.2025 Jagseer Singh alias Shera ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Adarshdeep Singh, Advocate for the petitioner. Mr. Akshay Kumar, AAG, Punjab. ANOOP CHITKARA, J. **** FIR No. Dated Police Station Sections 74 14.04.2025 Sadar Faridkot, 61 of Punjab Excise Act District Faridkot 1.
Legal Reasoning
The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail. 2. In paragraph 13 of the bail petition, the petitioner declares that five more FIRs are pending against him except the present one, but details are not mentioned. 3. The facts and allegations are taken from the reply filed by the State. On 13.03.2025, based on secret information, the Police seized 35 cartons of liquor marka Punjab Ranjha Sofi bearing batch No.525, March 2025 and 65 cartons of Discount Premium Whisky bearing batch No.09 Feb 25, from the vacant house of petitioner. The Investigator claims to have complied with all the statutory requirements of the BNSS, 2023. 4. The petitioner approached the Sessions Court for anticipatory bail, which was denied. 5. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that pre-trial incarceration would cause an irreversible injustice to the petitioner and their family. Counsel further submits that the petitioner would have no objection whatsoever to any stringent conditions that this Court may impose, including that if the petitioner repeats the offense or commits any non-bailable offense which provides for a ANJU RANI 2025.10.29 09:46 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 1 CRM-M-53991-2025 sentence of imprisonment for more than seven years, the State may file an application to revoke this bail before the concerned Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and may do so at their discretion, to which the petitioner shall have no objection. 2 6. 7. The State’s counsel opposes bail and refers to the reply. It would be appropriate to refer to the following portions of the reply, which read as follows: “(B) The evidence against the petitioner: (i) That the Investigating Officer-ASI Sukhwinder Singh got permission of raid from answering deponent. No private witness was available, thus the police proceeded with information and conducted raid ta the vacant house of petitioner-Jagsir Singh which led to the recovery of illegaly stored liquor of 35 cartons of Punjab Ranjha Sofi bearing batch No.525, Mar 2025 and 65 cartons of Discount Premium Whisky bearing batch No.09 Feb 25. As there is no difference in batch number of one category. Thus 1- 1 bottled of 750 ml each were drawn of both kinds of liquor and remaining bulk were converted into parcels and seized vide memo Annexure R-1. (ii) That during investigation, on 22.04.2025 the samples of 1-1 bottle of Punjab Ranjha sofi and Discount Premium Whisky have been deposited at the office of Director Chemical Examiner, Kharar (Punjab) for Chemical analysis. The result of testing has received vide report No.1096/02.05.2025 and Ethyl Alcohol found positive in both the samples and Sample (A) has been declared Country liquor and Sample (B) as Whisky. Copy of Chemical Examiner report is annexed herewith as Annexure R-2. C) Role of the Petitioner: That the Police got information about the petitioner and co-accused Sajan Singh being in possession of a vast quantity of illegal liquor. In furtherance with the information, the Police conducted raid the vacant house of petitioner, located at Village Araiyanwala Kalan and effected recovery of total 100 cartoons of liquor, which established that the information was genuine and petitioner was also indulge in the illegal trafficking of liquor. In compliance of order of this Hon'ble Court, the petitioner has been joined in investigation on 26-09-2025 and admitted that the property where the liquor was kept store belongs to him, however no document of title he has produced. REASONING: 8. Police has recovered a large quantity of liquor from vacant house of petitioner and ANJU RANI 2025.10.29 09:46 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 2 3 CRM-M-53991-2025 as per the reply, recovery of liquor has already been effected, as such this Court deems it appropriate to grant anticipatory bail to the petitioner so that he would join investigation and help the investigator in further investigation. 9. The law of bail, like any other branch of law, has its own philosophy, and occupies an important place in the administration of justice and the concept of bail emerges from the conflict between the police power to restrict liberty of a man who is alleged to have committed a crime, and presumption of innocence in favour of the alleged criminal.1Personal liberty is a very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.2 Personal liberty deprived when bail is refused, is too precious a value of our constitutional system recognised under Art. 21 that the curial power to negate it is a great trust exercisable, not casually, but judicially with lively concern for the cost to the individual and the community.3 10. The evidence might be prima facie sufficient to launch prosecution or to frame charges, but this Court is not considering the evidence at that stage, but is analyzing it for the stage of anticipatory bail. An analysis of the above does not justify custodial interrogation or pre-trial incarceration. 11. Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allegations and the other factors peculiar to this case, there would be no justifiability for custodial interrogation or the pre-trial incarceration at this stage. Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for anticipatory bail. 12. Given above, provided the petitioner is not required in any other case, the petitioner shall be released on bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the Arresting Officer, and if the matter is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Officer/Court must be satisfied that if the accused fails to appear, such surety can produce the accused. 13. While furnishing a personal bond, the petitioner shall mention the following personal identification details: 1. AADHAR number 2. Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 1 Supreme Court of India in Vaman Narain Ghiya v. state of Rajasthan, [E-SCR] ; [2008] 17 SCR 369, Para 16, decided on 12.12.2008. 2 Supreme Court of India in Siddharam Satlingappa Mhetre v. State of Maharashtra, SC 2J [E-SCR], Paragraph 127, decided on 02.12.2010. 3 Supreme Court of India in Babu Singh & ors v. State of UP, [E-SCR] P. 777, decided on 31.01.1978. ANJU RANI 2025.10.29 09:46 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 3 4 CRM-M-53991-2025 4. E-Mail id (If available)
Legal Reasoning
14. The bail order is subject to the petitioner’s complying with the following terms. 15. The petitioner is directed to join the investigation 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 Investigator. The petitioner shall be in deemed custody for Section 27 of the Indian Evidence Act, 1872/ Section 23 of BSA, 2023. The petitioner shall join the investigation as and when called by the Investigating Officer or any Superior Officer and shall cooperate with the investigation at all further stages as required. In the event of failure to do so, the prosecution will be open to seeking cancellation of the bail. During the investigation, the petitioner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 16. The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioner 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. 17. Given the background of allegations against the petitioner, it becomes paramount to protect the illicit liquors detection squad, the law enforcement officers who raid the places to detect illicit distillation and its supply and enforce the compliance of the respective Excise laws, and their family members, as well as the members of society, incapacitating the accused would be one of the primary options until the filing of the closure report or discharge, or acquittal. Consequently, it would be appropriate to restrict the possession of firearms. [This restriction 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 sanction]. Given the nature of the allegations and the other circumstances peculiar to this case, the petitioner shall surrender all weapons, firearms, and ammunition, if any, along with the arms license to the concerned authority within fifteen days from uploading of this order on the official webpage of this Court and inform the Investigator about the compliance. However, subject to the Indian Arms Act, 1959, the petitioner shall be entitled to renew and take it back in case of acquittal in this case, provided otherwise permissible in the concerned rules. Restricting firearms would instill confidence in the society; it would also restrain the accused from influencing the witnesses and repeating the offense. 18. The conditions mentioned 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 Petition (Criminal) No 279 of 2022, Para 29, ANJU RANI 2025.10.29 09:46 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 4 5 CRM-M-53991-2025 decided on July 20, 2022, A Three-Judge bench of Hon’ble Supreme Court holds that “The bail conditions imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be proportional to the purpose of imposing them. The courts, while imposing bail conditions must balance the liberty of the accused and the necessity of a fair trial. While doing so, conditions that would result in the deprivation of rights and liberties must be eschewed.” 19. In case the Investigator/Officer-In-Charge of the concerned Police Station arraigns another section of any penal offense in this FIR, and if the new section prescribes a maximum sentence that is not greater than the sections mentioned above, then this bail order shall be deemed to have also been passed for the newly added section(s). However, suppose the newly inserted sections prescribe a sentence exceeding the maximum sentence prescribed in the sections mentioned above; then, in that case, the Investigator/Officer-In-Charge shall give the petitioner notice of a minimum of seven days, providing an opportunity to avail the remedies available in law. 20. In Md. Tajiur Rahaman v. The State of West Bengal, decided on 08-Nov-2024, SLP (Crl) 12225-2024, Hon’ble Supreme Court holds in Para 7, “It goes without saying that if the petitioner is found involved in such like offence in future, the concession of bail granted to him today will liable to be withdrawn and the petitioner is bound to face the necessary consequences.” 21. The significant consideration for granting bail is that the Court aims to give the petitioner another chance to course-correct, reform, and reintegrate into the community as an ideal citizen. To ensure that the petitioner also abides by the assurance made on the petitioner’s behalf by not repeating the offence or indulging in any crime, it shall be desirable to impose the following additional condition. 22. This bail is conditional, with the foundational condition being that if the petitioner repeats the offense or commits any non-bailable offense which provides for a sentence of imprisonment for more than seven years, the State shall file an application to revoke this bail before the concerned Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and as per their discretion, they may cancel this bail. 23. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 24. It is clarified that this bail order shall not be considered as a blanket bail order in any other matter and is only limited to granting bail in the FIR mentioned above. 25. A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Appellant-Accused can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer ANJU RANI 2025.10.29 09:46 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 5 CRM-M-53991-2025 wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. 26. Petition allowed in terms mentioned above. All pending applications, if any, stand 6
Decision
disposed of. 28.10.2025 anju rani Whether speaking/reasoned: Yes No. Whether reportable: (ANOOP CHITKARA) JUDGE ANJU RANI 2025.10.29 09:46 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 6