Punjab-Haryana High Court
Sandeep Singh vs State Of Punjab on 29 October, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2024:PHHC:142392
CRM-M-39939-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-39939-2024
Reserved on: 18.10.2024
Pronounced on: 29.10.2024
Sandeep Singh ...Pe oner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Ms. Harmeet Kaur, Advocate,
for the pe oner.
Mr. Jasjit Singh, DAG, Punjab.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Sta0on Sec0ons
62 02.08.2012 Khalchain, Dis,. Amritsar 307, 323, 324, 325, 326, 148, 149
IPC and Sec ons 25, 27, 54, 59 of
Arms Act
1. The pe oner incarcerated in the FIR cap oned above had come up before this
Court under Sec on 439 CrPC, seeking regular bail.
2. In paragraph 11 of the bail pe on and as per status report/custody cer ficate, the accused has the following criminal antecedents:
Sr. No. FIR No. Dated Offenses Police Sta0on
1. 61 31.07.2012 326, 323, 324, 148, 149 IPC Khalchain, Dis,.
Amritsar
3. The facts and allega ons are being taken from the status report filed by the State, which reads as follows:
"2 That the brief and relevant facts of the case are that the aforesaid FIR No.62 dated 02.08.2012 was registered on the basis of the statement of Kanwaljit Singh son of Jarnail Singh, resident of village Dhianpur, Amritsar, who had alleged therein that on 31.07.2012 at about 07:15 PM, he was closing the shu/er of his shop and in the mean0me, a Santro car driven by the pe00oner and Manpreet Singh, Mandeep Singh, Avtar Singh and Rajwinder Singh si2ng in that car and Maninder Singh, Wasakha 1 1 of 5 ::: Downloaded on - 02-11-2024 03:14:24 ::: Neutral Citation No:=2024:PHHC:142392 CRM-M-39939-2024 Singh, Kulwant Singh, Jaswant Singh and Jagroop Singh on the motorcycles came there and co-accused Wasakha Singh raised a lalkara to deal with him like Mukh0ar Singh for ge2ng his grandson Captain Singh arrested in a smack case. He further alleged that the pe00oner armed with a 315 bore rifle, co-accused Preet Singh armed with a datar, Mandeep Singh armed with a kirpan, Avtar Singh armed with a datar and Rajwinder Singh armed with a 12 bore rifle alighted from the car and the pe00oner fired a shot from his rifle, which hit at his right leg and he fell down on the ground and therea:er, co-accused Manpreet Singh, Mandeep Singh, Avtar Singh, Jagroop Singh and Kulwant Singh caused injuries to him on various body parts and when his brother Avtar Singh came forward to rescue him, co-accused Rajwinder Singh fired another shot from his 12 bore rifle towards his brother but he narrowly escaped but the co-accused Mandeep Singh and Jaswant Singh caused injuries upon his brother and when they raised hue and cry for help, all the aforesaid accused fled away from the spot with their respec0ve weapons. The detailed facts men0oned by the complainant Kanwaljit Singh is his aforesaid statement have been reproduced in the true transla0on of FIR No.62 dated 02.08.2012 a/ached with the pe00on as Annexure P-1, which may kindly be read as a part of the present photograph as same are not repeated here for the sake of brevity."
4. The pe oner's counsel prays for bail by imposing any stringent condi ons and contends that further pre-trial incarcera on would cause an irreversible injus ce to the pe oner and his family.
5. The State's counsel opposes bail and refers to the status report.
6. It would be appropriate to refer to the following por ons of the status report, which read as follows:
"4. That the pe00oner was arrested on 06.09.2012 by the inves0ga0ng officer during the course of the inves0ga0on. He was given a concession of a regular bail by this Hon'ble Court vide order dated 06.09.2013 passed in CRM-M-1613 of 2013.
Role of the pe00oner
7. That the pe00oner was arrested on 19.07.2023 by the inves0ga0ng officer. As per the version of the complainant Kanwaljit Singh, the pe00oner armed with a rifle and as an ac0ve member of an unlawful 2 2 of 5 ::: Downloaded on - 02-11-2024 03:14:24 ::: Neutral Citation No:=2024:PHHC:142392 CRM-M-39939-2024 assembly consis0ng of him and the other co-accused a/acked upon the complainant and caused injuries upon him in furtherance of their common object. The pe00oner is a/ributed a firearm injury on the right leg of the complainant."
7. There is sufficient primafacie evidence connec ng the pe oner with the alleged crime. However, pre-trial incarcera on should not be a replica of post-convic on sentencing.
8. The pe oner could not be tried because he had fled, and the co-accused were tried and acqui,ed vide judgment dated 31-07-2023.
9. As per paragraph 10 of the bail pe on, the pe oner has been in custody since 19.07.2023. As per the custody cer ficate dated 16.10.2024, the pe oner's total custody in this FIR is three years, nine months and nine days. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allega ons, and the other factors peculiar to this case, there would be no jus fiability for further pre-trial incarcera on at this stage.
10. Without commen ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men oned above, the pe oner makes a case for bail. This order shall come into force from the me it is uploaded on this Court's official webpage.
11. Given above, provided the pe oner is not required in any other case, the pe oner shall be released on bail in the FIR cap oned above subject to furnishing bonds to the sa sfac on of the concerned Court and due to unavailability before any nearest Illaqa Magistrate/duty Magistrate. Before accep ng the surety, the concerned Court must be sa sfied that if the accused fails to appear, such surety can produce the accused.
12. While furnishing a personal bond, the pe oner shall men on the following personal iden fica on details:
1. AADHAR number
2. Passport number (If available) and when the a,es ng officer/court considers it appropriate or considers the accused a flight risk.
3. Mobile number (If available)
4. E-Mail id (If available)
13. This order is subject to the pe oner's complying with the following terms.
14. The pe oner shall abide by all statutory bond condi ons and appear before the 3 3 of 5 ::: Downloaded on - 02-11-2024 03:14:24 ::: Neutral Citation No:=2024:PHHC:142392 CRM-M-39939-2024 concerned Court(s) on all dates. The pe 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.
15. Given the nature of the allega ons and the other circumstances peculiar to this case, the pe oner shall not enter the property, workplace, and residence of the vic m un l the statements of all non-official and informal witnesses in the trial are recorded. This Court is imposing this condi on to rule out any a,empt by the accused to incapacitate, influence, or cause any discomfort to the vic m. Reference be made to Vikram Singh v Central Bureau of Inves ga on, 2018 All SCR (Crl.) 458); and Aparna Bha, v. The State of Madhya Pradesh, 2021:INSC:192, 2021 SCC Online SC 230.
16. Given the background of allega ons against the pe oner, it becomes paramount to protect the vic m, and their family members, as well as the members of society, and incapacita ng the accused would be one of the primary op ons un l the filing of the closure report or discharge, or acqui,al. Consequently, it would be appropriate to restrict the possession of firearm(s). [This restric on 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 sanc on]. Given the nature of the allega ons and the other circumstances peculiar to this case, the pe oner shall surrender all weapons, firearms, and ammuni on, if any, along with the arms license to the concerned authority within fiLeen days from release from prison and inform the Inves gator about the compliance. However, subject to the Indian Arms Act, 1959, the pe oner shall be en tled to renew and take it back in case of acqui,al in this case, provided otherwise permissible in the concerned rules. Restric ng firearms would ins ll confidence in the vic m(s), their families, and society; it would also restrain the accused from influencing the witnesses and repea ng the offense.
17. The condi ons men oned 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 Pe on (Criminal) No 279 of 2022, Para 29, decided on July 20, 2022, A Three-Judge bench of Hon'ble Supreme Court holds that "The bail condi ons imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be propor onal to the purpose of imposing them. The courts, while imposing bail condi ons must balance the liberty of the accused and the necessity of a fair trial. While doing so, condi ons that would result 4 4 of 5 ::: Downloaded on - 02-11-2024 03:14:24 ::: Neutral Citation No:=2024:PHHC:142392 CRM-M-39939-2024 in the depriva on of rights and liber es must be eschewed."
18. Any observa on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.
19. A cer fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe oner can download this order along with case status from the official web page of this Court and a,est it to be a true copy. If the a,es ng officer wants to verify its authen city, such an officer can also verify its authen city and may download and use the downloaded copy for a,es ng bonds.
20. Pe00on allowed in terms men oned above. All pending applica ons, if any, stand disposed of.
(ANOOP CHITKARA)
JUDGE
29.10.2024
Jyo0-II
Whether speaking/reasoned: Yes
Whether reportable: No.
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