Amit v. State of Punjab
Case Details
CRM-M-62574-2024 201 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-62574-2024 Date of Decision: 07.02.2025 Heera @ Amit ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present:
Legal Reasoning
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. 10. 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. 11. 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. Jyoti Sharma 2025.02.07 15:57 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh 2 CRM-M-62574-2024 12. 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) 4. E-Mail id (If available) 13. The bail order is subject to the petitioner’s complying with the following terms. 14. 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. 15. 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. 16. This bail is conditional, and the foundational condition is that if the petitioner indulges in any non-bailable offense, the State shall file an application for cancellation of this bail before the Sessions Court, which shall have the liberty to cancel this bail. 17. The concerned trial court is authorized to delete, modify, or relax any of the above conditions and shall be competent to do so in accordance with the law. 18. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 19. A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the Jyoti Sharma 2025.02.07 15:57 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh 3 CRM-M-62574-2024 official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. 20. Petition allowed in terms mentioned above. All pending applications, if any,
Arguments
Ms. Simsi Dhir Malhotra, Advocate for the petitioner. Mr. Jasjit Singh, D.A.G., Punjab. ANOOP CHITKARA, J. **** FIR No. Dated Police Station Sections 243 09.10.2024 Tanda, District 61 (1) (a) of Punjab Excise Hoshiarpur Act, 1914 1. 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. Per paragraph 10 of the bail application, the accused has the following criminal antecedents: Sr. No. 1. 2. FIR No. Date 269 325 19.10.2022 20.12.2022 Police Station Offenses 186, 353, 506 IPC Tanda 323, 452, 148, 149, 506, 354 IPC Tanda 3. The facts and allegations are taken from the status report filed by the State. On 09.10.2024, based on secret information, the Police seized 40 bottles of illicit liquor and seeing the police party, petitioner ran away from the spot. The Investigator claims to have complied with all the statutory requirements of the CrPC, 1973/ BNSS, 2023. 4. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family. Jyoti Sharma 2025.02.07 15:57 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh 1 CRM-M-62574-2024 5. 6. The State’s counsel opposes bail and refers to the status report. It would be appropriate to refer to the following portions of the status report, which read as follows: “ROLE OF PETITIONER 6. That it is submitted that the police of P.S. Tanda, District Hoshiarpur got information from the secret informer that the petitioner is standing with plastic cane of illicit liquor near power station Jaja Chowk Tanda and is waiting for customers to sell illicit liquor to them. If raid is conducted, the petitioner can be apprehended with huge quantity of liquor. On this, the raid was conducted and the petitioner fled away from the spot after leaving the plastic cane at the spot after seeing the police party from front side. Then ASI Raju arranged for measuring illicit liquor and poured illicit liquor in a tub and measured the liquor and it became 40 bottles of illicit liquor measuring 750 ML each (total 30000 ML).” REASONING: 7. Counsel for the petitioner submits that the petitioner has joined the investigation and has fully cooperated with the Investigating Officer. 8. 9. State counsel does not dispute the aforesaid fact. Pre-trial incarceration should not be a replica of post-conviction sentencing. The
Decision
stand disposed of. 07.02.2025 Jyoti Sharma Whether speaking/reasoned: Yes No. Whether reportable: (ANOOP CHITKARA) JUDGE Jyoti Sharma 2025.02.07 15:57 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh 4