The High Court
Case Details
CRM-M-62297-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-62297-2024 Reserved on: 03.02.2025 Pronounced on: 14.02.2025 Ajay Sihag ...Pe(cid:13)(cid:13)oner Versus State of Haryana and another …Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present:
Legal Reasoning
Mr. Rakesh Kumar Lathwal, Advocate for the pe(cid:13)(cid:13)oner. Mr. Aashish Bishnoi, D.A.G., Haryana. Mr. Shubham, Advocate for respondent No.2/complainant. ANOOP CHITKARA, J. **** FIR No. Dated Police Sta2on Sec2ons 396 02.07.2024 Kundli, Sonipat Dis4. 126, 309(4), 324(4) of BNS (Sec(cid:13)ons 61 (2), 317(3), 310(2), 238 (C) of BNS added later on) 1. The pe(cid:13)(cid:13)oner incarcerated in the FIR cap(cid:13)oned above had come up before this Court under Sec(cid:13)on 483 of Bhara(cid:13)ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail. 2. In paragraph 17 of the bail pe(cid:13)(cid:13)on, the accused declares that he has following criminal antecedents: Sr. No. 1. FIR No. 400 Dated 04.07.2024 Offenses 126, 310(2), 61(2) of BNS 238(C), 309(4), 317(3), 324(4), Police Sta2on Kundli, Sonipat 3. The facts and allega(cid:13)ons are being taken from para 1 of the bail pe(cid:13)(cid:13)on, which reads as follows: “xxx xxx To, Post Incharge Sir, Police Post Barota, Sonipat. Sir, requested that I am Suraj Mal son of Savroop Singh and I am resident of village Khanda Kheri, District Hissar and I am doing the job of driver with Sanjay, JYOTI 2025.02.15 12:31 I attest to the accuracy and integrity of this order/judgment. 1 CRM-M-62297-2024 resident of Shyam Vihar Colony, Hissar on vehicle Intra V-20, TATA HR- 39F-8562. That on dated 01.07.2024 6me at about 7.30 pm, I along with my helper Sube Singh son of Shamsher Singh, resident of Kheri Pabra, District Hissar took the payment of Rs.40,000/- from the owner for purchasing of bread and therea9er we went at Barota bread company 6tle as HAVEST GOLA LTD for purchasing the bread. That on dated 02.07.2024, 6me at about 12.30 am, when I took my vehicle to the side of company on un-constructed way of Barota then one swi9 car overtook me and 4-5 young boy alighted from the vehicle and they stopped my vehicle and all the boys a>acked on the vehicle with s6cks and they started beaten me and my helper with the s6cks. In mean6me they took the search of my vehicle and snatched the 40,000/- which were laying in the desk board and they run away from there in vehicle and le9 me and my helper. That the front glass of vehicle and my mobile were also broken in this incident. Legal ac6on be taken against all of them.” 4. Counsel for the pe(cid:13)(cid:13)oner submits that the ma4er stands compromised and the trial Court had already granted bail to the co-accused based on the compromise. He further prays for bail by imposing any stringent condi(cid:13)ons and contends that further pre-trial incarcera(cid:13)on would cause an irreversible injus(cid:13)ce to the pe(cid:13)(cid:13)oner and his family. 5. The State’s counsel opposes bail. However, counsel for respondent No. 2/complainant submits that the ma4er stands compromised and he has no objec(cid:13)on in case this Court grants bail to the pe(cid:13)(cid:13)oner. REASONING: 6. There is sufficient primafacie evidence connec(cid:13)ng the pe(cid:13)(cid:13)oner with the alleged crime. However, pre-trial incarcera(cid:13)on should not be a replica of post-convic(cid:13)on sentencing. As per paragraph 4 of the bail pe(cid:13)(cid:13)on, the pe(cid:13)(cid:13)oner has been in custody since 22.07.2024. As per the same, the pe(cid:13)(cid:13)oner’s total custody in this FIR is around six and half months. Given the penal provisions invoked viz-a-viz pre-trial custody, factum of compromise, coupled with the primafacie analysis of the nature of allega(cid:13)ons, and the other factors peculiar to this case, there would be no jus(cid:13)fiability for further pre-trial incarcera(cid:13)on at this stage. 7. Without commen(cid:13)ng on the case's merits, in the facts and circumstances peculiar to this case, compromise of the ma4er, and for the reasons men(cid:13)oned above, the pe(cid:13)(cid:13)oner makes a case for bail. This order shall come into force from the (cid:13)me it is JYOTI 2025.02.15 12:31 I attest to the accuracy and integrity of this order/judgment. 2 CRM-M-62297-2024 uploaded on this Court's official webpage. 8. Given above, provided the pe(cid:13)(cid:13)oner is not required in any other case, the pe(cid:13)(cid:13)oner shall be released on bail in the FIR cap(cid:13)oned above subject to furnishing bonds to the sa(cid:13)sfac(cid:13)on of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep(cid:13)ng the surety, the concerned Court must be sa(cid:13)sfied that if the accused fails to appear, such surety can produce the accused. 9. While furnishing a personal bond, the pe(cid:13)(cid:13)oner shall men(cid:13)on the following personal iden(cid:13)fica(cid:13)on details: 1. AADHAR number 2. Passport number (If available) and when the a4es(cid:13)ng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) E-Mail id (If available) 4. 10. This order is subject to the pe(cid:13)(cid:13)oner’s complying with the following terms. 11. The pe(cid:13)(cid:13)oner shall abide by all statutory bond condi(cid:13)ons and appear before the concerned Court(s) on all dates. The pe(cid:13)(cid:13)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. 12. 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 may file an applica(cid:13)on for cancella(cid:13)on of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 13. The concerned trial court is authorized to delete, modify, or relax any of the above condi(cid:13)ons and shall be competent to do so in accordance with the law. 14. Any observa(cid:13)on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 15. A cer(cid:13)fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe(cid:13)(cid:13)oner can download this order along with case status from the official web page of this Court and a4est it to be a true copy. If the a4es(cid:13)ng officer wants to verify its authen(cid:13)city, such an officer can also verify its authen(cid:13)city and may download and use the downloaded copy for a4es(cid:13)ng bonds. JYOTI 2025.02.15 12:31 I attest to the accuracy and integrity of this order/judgment. 3 CRM-M-62297-2024 16. Pe22on allowed in terms men(cid:13)oned above. All pending applica(cid:13)ons, if any,
Decision
stand disposed of. 14.02.2025 Jyo(cid:13)-II Whether speaking/reasoned: Whether reportable: Yes No. (ANOOP CHITKARA) JUDGE JYOTI 2025.02.15 12:31 I attest to the accuracy and integrity of this order/judgment. 4