Punjab-Haryana High Court
Pushp Behl vs State Of Ut Chandigarh on 7 July, 2023
CRM-M-26929-2023 2023:PHHC:085580
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
207-1 CRM-M-26929-2023
Date of Decision: 07.07.2023
Pushp Behl ...Pe oner
Versus
State of UT, Chandigarh ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Vinod Ghai, Senior Advocate with
Mr. Arnav Ghai, Advocate and
Ms. Mahima Dogra, Advocate for the pe oner.
Mr. Sumit Jain, APP, U.T., Chandigarh.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Sta on Sec ons
386 13.12.2019 Central Sector-17, 420, 467, 468, 471, IPC
Chandigarh (120-B & 201 IPC added later
on)
1. The pe oner, incarcera ng upon his arrest in the FIR cap oned above, has come
up before this Court under Sec on 439 of Code of Criminal Procedure, 1973 (CrPC)
seeking bail.
2. In paragraph 29 of the bail applica on, the accused declares the following
criminal antecedents:
Sr. No. FIR No. Dated Offences Police Sta on
1. 683 15.08.2020 420, 467, 468, 471, Jagadhri, Yamuna Nagar
120-B, 201 IPC
3. Pe oner's counsel prays for bail by imposing any stringent condi ons and is also
voluntarily agreeable to the condi on that ll the conclusion of the trial before the trial
court, the pe oner shall keep only one mobile number, which is men oned in
AADHAR card, and within fi een days of release from prison undertakes to disconnect
all other mobile numbers. The pe oner contends that the further pre-trial
incarcera on would cause an irreversible injus ce to the pe oner and family.
4. While opposing the bail, the State contends that given the criminal past, the
JYOTI accused is likely to indulge in crime once released on bail.
2023.07.07 14:26
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integrity of this order/judgment.
CRM-M-26929-2023 2023:PHHC:085580
REASONING:
5. In Maulana Mohd Amir Rashadi v. State of U.P., (2012) 3 SCC 382, Hon'ble
Supreme Court holds,
[10] It is not in dispute and highlighted that the second respondent is
a si ng Member of Parliament facing several criminal cases. It is also
not in dispute that most of the cases ended in acqui al for want of
proper witnesses or pending trial. As observed by the High Court,
merely on the basis of criminal antecedents, the claim of the second
respondent cannot be rejected. In other words, it is the duty of the
Court to find out the role of the accused in the case in which he has
been charged and other circumstances such as possibility of fleeing
away from the jurisdic on of the Court etc.
6. In Paramjeet Singh v. State of Punjab, 2022:PHHC:003983 [Para 8], CRM-M 50243
of 2021, this court observed,
While considering each bail pe on of the accused with a criminal
history, it throws an onerous responsibility upon the Courts to act
judiciously with reasonableness because arbitrariness is the an thesis
of law. The criminal history must be of cases where the accused was
convicted, including the suspended sentences and all pending First
Informa on Reports, wherein the bail pe oner stands arraigned as
an accused. In reckoning the number of cases as criminal history, the
prosecu ons resul ng in acqui al or discharge, or when Courts
quashed the FIR; the prosecu on stands withdrawn, or prosecu on
filed a closure report; cannot be included. Although crime is to be
despised and not the criminal, yet for a recidivist, the contours of a
playing field are marshy, and graver the criminal history, slushier the
puddles.
7. As per paragraph 11 of the bail pe on, the pe oner is in custody since
20.12.2022. 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,
subject to the compliance of terms and condi ons men oned in this order. Thus, the
previous criminal history of the pe oner is not being considered strictly at this stage as
a factor for denying bail.
8. In Sanjay Chandra v. Central Bureau of Inves ga on, (2012) 1 SCC 40, Supreme
Court holds,
[28] We are conscious of the fact that the accused are charged
with economic offences of huge magnitude. We are also
conscious of the fact that the offences alleged, if proved, may
jeopardize the economy of the country. At the same me, we
cannot lose sight of the fact that the inves ga ng agency has
already completed inves ga on and the charge sheet is already
filed before the Special Judge, CBI, New Delhi. Therefore, their
presence in the custody may not be necessary for further
JYOTI
2023.07.07 14:26
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integrity of this order/judgment.
CRM-M-26929-2023 2023:PHHC:085580
inves ga on. We are of the view that the appellants are en tled
to the grant of bail pending trial on stringent condi ons in order
to ally the apprehension expressed by CBI.
9. The possibility of the accused influencing the inves ga on, tampering with
evidence, in mida ng witnesses, and the likelihood of fleeing jus ce, can be taken care
of by imposing elabora ve and stringent condi ons. In Sushila Aggarwal v. State (NCT of
Delhi), 2020:INSC:106 [Para 92], (2020) 5 SCC 1, Para 92, the Cons tu onal Bench held
that unusually, subject to the evidence produced, the Courts can impose restric ve
condi ons.
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,
subject to the following terms and condi ons, which shall be over and above and
irrespec ve of the contents of the form of bail bonds in chapter XXXIII of CrPC, 1973.
11. In Madhu Tanwar and Anr. v. State of Punjab, 2023:PHHC:077618 [Para 10, 21],
CRM-M-27097-2023, decided on 29-05-2023, this court observed,
[10] The exponen al growth in technology and ar ficial
intelligence has transformed iden fica on techniques
remarkably. Voice, gait, and facial recogni on are incredibly
sophis cated and pervasive. Impersona on, as we know it
tradi onally, has virtually become impossible. Thus, the remedy
lies that whenever a judge or an officer believes that the
accused might be a flight risk or has a history of fleeing from
jus ce, then in such cases, appropriate condi ons can be
inserted that all the expenditure that shall be incurred to trace
them, shall be recovered from such person, and the State shall
have a lien over their assets to make good the loss.
[21] In this era when the knowledge revolu on has just begun,
to keep pace with exponen al and unimaginable changes the
technology has brought to human lives, it is only fi ng that the
dependence of the accused on surety is minimized by giving
alterna ve op ons. Furthermore, there should be no insistence
to provide permanent addresses when people either do not
have permanent abodes or intend to re-locate.
12. 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, in the following terms:
(a). Pe oner to furnish personal bond of Rs. Ten thousand (INR
10,000/); AND
(b) To give one surety of Rs. Twenty-five thousand (INR 25,000/-), to the
sa sfac on of the concerned court, and in case of non-availability, to
any nearest Ilaqa Magistrate/duty Magistrate. Before accep ng the
surety, the concerned court must sa sfy that if the accused fails to
JYOTI
2023.07.07 14:26
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integrity of this order/judgment.
CRM-M-26929-2023 2023:PHHC:085580
appear in court, then such surety can produce the accused before the
court.
OR
(b). Pe oner to hand over to the concerned court a fixed deposit for
Rs. Ten thousand only (INR 10,000/-), with the clause of automa c
renewal of the principal and the interest rever ng to the linked account,
made in favor of the 'Chief Judicial Magistrate' of the concerned district,
or blocking the aforesaid amount in favour of the concerned 'Chief
Judicial Magistrate'. Said fixed deposit or blocking funds can be from any
of the banks where the stake of the State is more than 50% or from any
of the well-established and stable private sector banks. In case the
bankers are not willing to make a Fixed Deposit in such eventuality it
shall be permissible for the pe oner to prepare an account payee
demand dra favouring concerned Chief Judicial Magistrate for the
similar amount.
(c). Such court shall have a lien over the funds un l the case's closure or
discharged by subs tu on, or up to the expiry of the period men oned
under S. 437-A CrPC, 1973, and at that stage, subject to the proceedings
under S. 446 CrPC, the en re amount of fixed deposit, less taxes if any,
shall be endorsed/returned to the depositor.
(d). The pe oner is to also execute a bond for a endance in the
concerned court(s) as and when asked to do so. The presenta on of the
personal bond shall be deemed acceptance of the declara ons made in
the bail pe on and all other s pula ons, terms, and condi ons of
sec on 438(2) of the Code of Criminal Procedure, 1973, and of this bail
order.
(e). While furnishing personal bond, the pe oners/applicants shall
men on the following personal iden fica on details:
1. AADHAR number [In case of the
residents of India]
2. Passport number [In case of foreign
na onals]
3. Passport number of an Indian ci zen,
(If available), when the a es ng
officer/court deems appropriate or
considers the accused as a flight risk.
4. Mobile number (If available)
5. E-Mail id (If available)
JYOTI
2023.07.07 14:26
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integrity of this order/judgment.
CRM-M-26929-2023 2023:PHHC:085580
13. The pe oner shall not influence, browbeat, pressurize, make any inducement,
threat, or promise, directly or indirectly, to the witnesses, the Police officials, or any
other person acquainted with the facts and the circumstances of the case, to dissuade
them from disclosing such facts to the Police, or the Court, or to tamper with the
evidence.
14. Within fi een days of release from prison, the pe oner shall procure a
smartphone and inform its IMEI number and other details to the SHO/I.O. of the Police
sta on men oned above. The pe oner shall always keep the phone loca on/GPS on
the "ON" mode. Whenever the Inves ga ng officer asks to share the loca on, the
pe oner shall immediately do so. The pe oner shall neither clear the loca on
history, WhatsApp chats, call logs nor format the phone without permission of the
concerned SHO/I.O. This condi on shall con nue ll the comple on of the trial or
closure of case, whichever is earlier. Pe oner is further directed to comply with their
undertaking as reflected in the beginning of this order and also directed not to obtain
more than one mobile number ll the conclusion of trial; however, this restric on is
only on pre-paid SIMs [mobile numbers] and not on post-paid connec ons. If the
pe oners fail to comply with this condi on, then on this ground alone, the bail
might be canceled, and the complainant may file any such applica on for the
cancella on of bail, and State shall file the said applica on.
15. Within fi een days from release from the prison, the pe oners shall forward on
separate notarized affidavits, to the Inves gator/SHO and the complainant/vic m(s) the
complete details of bank account numbers with addresses, fixed deposits, DEMAT
account numbers, the current market value of jewelry, sovereign metals, all precious
ar cles, held either individually or jointly, and cash-in-hand. If the pe oners fail to
comply with this condi on, then on this ground alone. In that case, the bail might be
canceled, and the complainant may file any such applica on for the cancella on of
bail, and State shall file the said applica on.
16. During the trial's pendency, if the pe oner repeats or commits any offence
where the sentence prescribed is more than seven years or violates any condi on as
s pulated in this order, it shall always be permissible to the respondent to apply for
cancella on of this bail. It shall further be open for any inves ga ng agency to bring it
to the no ce of the Court seized of the subsequent applica on that the accused was
JYOTI
2023.07.07 14:26
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integrity of this order/judgment.
CRM-M-26929-2023 2023:PHHC:085580
earlier cau oned not to indulge in criminal ac vi es. Otherwise, the bail bonds shall
remain in force throughout the trial and a er that in Sec on 437-A of the Cr.P.C., if not
canceled due to non-appearance or breach of condi ons.
17. The condi ons men oned above imposed by this Court are to endeavour that the
accused tries to reform, does not repeat the offence and to provide an opportunity to
the vic m to consider legal remedies for recovery of the amount. 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 in the depriva on of rights and liber es must be eschewed.". 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 in the depriva on of rights and liber es must be eschewed."
18. Any Advocate for the pe oner and the Officer in whose presence the pe oner
puts signatures on personal bonds shall explain all condi ons of this bail order in any
language that the pe oner understands.
19. If the pe oner finds bond amount beyond social and financial reach, it may be
brought to the no ce of this Court for appropriate reduc on. Further, if the pe oner
finds bail condi on(s) as viola ng fundamental, human, or other rights, or causing
difficulty due to any situa on, then for modifica on of such term(s), the pe oner may
file a reasoned applica on before this Court, and a er taking cognizance, even to the
Court taking cognizance or the trial Court, as the case may be, and such Court shall also
be competent to modify or delete any condi on.
20. Any observa on made hereinabove is neither an expression of opinion on the
merits of the case nor shall the trial Court advert to these comments.
21. In return for the protec on from incarcera on, the Court believes that the
accused shall also reciprocate through desirable behavior.
JYOTI
2023.07.07 14:26
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integrity of this order/judgment.
CRM-M-26929-2023 2023:PHHC:085580
22. The SHO of the concerned police sta on or the inves ga ng officer shall arrange
to send a copy of this order, preferably a so copy, to the complainant and the vic m,
without any delay. If the vic m(s) no ce any viola on of this order, they may inform the
SHO of the concerned police sta on, the trial court, or even this court.
23. There would be no need for a cer fied copy of this order 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. In case the a es ng officer
wants to verify the authen city, such an officer can also verify its authen city and may
download and use the downloaded copy for a es ng bonds.
Pe on allowed in aforesaid terms. All pending applica ons, if any, stand disposed.
(ANOOP CHITKARA)
JUDGE
07.07.2023
Jyo -II
Whether speaking/reasoned: Yes
Whether reportable: No.
JYOTI
2023.07.07 14:26
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integrity of this order/judgment.
