Balraj Singh Alias Batta vs State Of Punjab
2022 Latest Caselaw 13851 P&H

                               IN THE HIGH COURT OF PUNJAB AND HARYANA
                                            AT CHANDIGARH
                      207
                                                                           CRM-M-49454-2022
                                                                           Decided on : 01.11.2022

                      Balraj Singh alias Batta
                                                                                    . . . Petitioner(s)
                                                            Versus
                      State of Punjab
                                                                                  . . . Respondent(s)

                      CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

                      PRESENT: Mr. Nirmal Singh, in-person
                               (father of petitioner Balraj Singh alias Batta).

                                   ASI Mohan Chand.

                                                            ****

SANJAY VASHISTH, J. (Oral):

Members of the Bar are abstaining from work today.

The instant petition has been filed under Section 439 of the

Code of Criminal Procedure, 1973, for grant of regular bail to the petitioner

- Balraj Singh @ Batta, who has been booked for having committed the

offence punishable under Sections 21(1) of the Mines and Minerals

(Regulation and Development) Act, 1957 and Section 379, 411 of IPC,

1860, in FIR No. 28, dated 04.04.2022, registered at Police Station Hariana,

District Hoshiarpur, during the pendency of trial.

This Court has examined the complete petition along with

attached documents, and has also sought the assistance of the Police

Officer/Investigating Officer namely ASI Mohan Chand, who is present

along with police file of the case.

FIR No.28, dated 04.04.2022, was registered against the

unknown persons. Initially, some telephonic information was received by

JAWALA RAM ASI Paramjeet Singh, in regard to the stealing of sand by violating the 2022.11.01 16:17 I attest to the accuracy and integrity of this document

provisions of Section 21(1) of the Mines and Minerals (Regulation and

Development) Act, 1957 (in short 'the Act'). Accordingly, ASI Paramjeet

Singh reached on the informed place and one trolly of yellow colour was

recovered in Choe (Kanal) of Village Khunde. In FIR, it is recorded that

driver had run away from the spot, and on checking, no legal document of

weighment slip regarding loaded sand in this trolly was found.

It is further averred in the petition that during investigation,

some special informant informed the name of the petitioner Balraj Singh @

Batta, and accordingly, same was recorded vide GD No. 27, dated

16.04.2022, and petitioner was arrested on 10.06.2022. Thus, petitioner has

been made accused in the FIR for the offence committed under Section

21(1) of the Act and Sections 379, 411 of IPC, registered at Police Station

Hariana, District Hoshiarpur.

This Court has also perused the legal provision reproduced in

the petition that Section 23-A of the Act of 1957, enables the concerned

accused to compound the offence. Apart this, plea has been taken that as per

Section 22 of the Act, a complaint was required to be filed in Court.

This Court has also noticed the details given in paragraph No.12

of the present petition regarding registration of other FIRs against the

petitioner at one Police Station only, i.e. Police Station Hariana, District

Hoshiarpur. Said table is reproduced hereinbelow:-

S.N. FIR No., DATE, SECTION, P.S. BAIL STATUS AND DISTRICT 1 FIR No.31, dated 28.4.2010, u/s Bail granted vide order dated 324, 341, 323, 148, 149 IPC, PS 19.09.2022. Copy appended as Hariana, Hoshiarpur Annexure P-2.

2 FIR No.35, dated 21.5.2013, u/s Convicted vide judgment dated 324, 452, 341, 323, 148, 149 IPC, 12.02.2019. Appeal against conviction PS Hariana, Hoshiarpur. pending for 10.11.2022 and sentence suspended.

3 FIR No.15, dated 21.3.2014, u/s Convicted vide judgment dated 324, 326, 506, 148, 149 IPC, PS 29.01.2019. Appeal against conviction Hariana, Hoshiarpur. pending for 19.10.2022 and sentence JAWALA RAM 2022.11.01 16:17 I attest to the accuracy and integrity of this document

suspended.

4 FIR No.18, dated 10.3.2017, u/s Convicted vide judgment dated 61/1/14 Excise Act, PS Hariana, 31.08.2019 and released on probation. Hoshiarpur.

5 FIR No. 7, dated 18.2.2019, u/s Bail granted vide order dated 21(1) Mines and Minerals Act, PS 28.01.2019. Copy appended as Hariana, Hoshiarpur. Annexure P-3.

6 FIR No. 46, dated 25.4.2019, u/s Bail granted vide order dated 353, 186, 506, 148, 149 IPC, PS 10.09.2019. Copy appended as Hariana, Hoshiarpur. Annexure P-4.

7 FIR No. 20, dated 25.2.2020, u/s Acquitted vide judgment dated 323, 324, 379, 506, 451, 148, 149 04.07.2020. IPC, PS Hariana, Hoshiarpur.

                         8      FIR No. 112, dated 12.6.2021 u/s     Bail granted vide      order dated
                                379, 411 IPC, 21(1) Mines and        17.06.2021.   Copy     appended as
                                Mineral     Act,    PS    Hariana,   Annexure P-5.
                                Hoshiarpur.
                         9      FIR No. 55, dated 29.05.2022, u/s    Bail granted vide      order dated
                                307, 452, 506, 148, 149 IPC &        26.09.2022.   Copy     appended as
                                Section 25/27/54/59 of Arms Act,     Annexure P-6.
                                PS Hariana, Hoshiarpur.

From the details of other cases, it is also noticed that all the

previous cases right from the year 2010 are registered at Police Station

Hariana, District Hoshiarpur, which shows that petitioner was already

known to the police officials of the Police Station Hariana, where, a new

case i.e. present one, has also been registered against the petitioner.

Broadly speaking, petitioner has pleaded that there is no link

evidence to connect the petitioner with the alleged crime.

On this issue, ASI Mohan Chand, who is present in Court with

police file of the case, is also unable to cite any special evidence against the

petitioner. However, he submits that after completion of investigation,

challan has already been submitted to the concerned Court.

It is also noticed that in the FIR, no where, it is mentioned that

said trolly was attached with which vehicle. Undoubtedly, trolly cannot

move on its own without it being attached to the tractor or any other vehicle,

to pull forward. Even it is not mentioned that accused, who ran away on

seeing the police party, succeeded in fleeing on his foot or some vehicle.

JAWALA RAM It is also noticed that ASI Mohan Chand also confirms that 2022.11.01 16:17 I attest to the accuracy and integrity of this document

petitioner is inside jail since 10.06.2022 in the present case, and trial is yet to

commence.

Considering all the circumstances noticed hereinabove, and the

fact that investigation has already been completed and completion of trial

would certainly take considerable time, this Court is of the view that plea of

bail of the petitioner is worth considerable at this stage.

Accordingly, prayer made in the present petition is allowed.

Petitioner is ordered to be released on bail, subject to his furnishing

bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial

Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in

any other case.

Needless to observe that the petitioner shall not extend any

threat and shall not influence any prosecution witness in any manner directly

or indirectly.

Observation made hereinabove shall not be construed as an

expression of opinion on the facts of the case and the Trial Court is expected

to decide the case on the basis of complete evidence available on record.

Petition stands disposed of.

(SANJAY VASHISTH) JUDGE November 01, 2022 J.Ram

Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

JAWALA RAM 2022.11.01 16:17 I attest to the accuracy and integrity of this document