Punjab-Haryana High Court
Karanpal Singh Alias Karan vs State Of Punjab on 12 November, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
CRM-M-39168-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-39168-2024
Reserved on: 04.11.2024
Pronounced on: 12.11.2024
Karanpal Singh @ Karan ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Gaurav Vir Singh Behl, Advocate
for the petitioner.
Mr. Sukhdev Singh, AAG, Punjab.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Station Sections
60 18.02.2024 City Kapurthala 379/411 IPC
1. The petitioner incarcerated in the FIR captioned above had come up before this
Court under Section 439 CrPC, 1973, seeking regular bail.
2. Per paragraph 12 of the bail application and the reply/custody certificate, the
accused has the following criminal antecedents:
Sr. FIR Date Offenses Police Station
No No.
1 52 1102.2024 379/411 IPC City Kapurthala
2 81 01.10.2015 399/402 IPC Kabirpur
3 142 27.06.2022 379/411/201 IPC City Kapurthala
3. The facts and allegations are being taken from the reply filed by the State, which
reads as follows:
"1) That present FIR No.60 dated 18.02.2024, U/s 379/411
IPC was registered at PS City Kapurthala against petitioner on the
statement of complainant ASI Kuldeep Singh wherein he stated
that on 18.02.2024, while the police party was on patrolling in
order to catch pocket snatchers the investigating officer received a
secret information that the petitioner who is involved in selling of
stolen motorcycles is coming towards Kapurthala Dana Mandi
from the side of Kala Sanghya and if barricading is laid on
Chandupur Mand Dana Mandi road Kapurthala and the vehicles
are checked then he can be apprehended with stolen vehicles.
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CRM-M-39168-2024
2) That ASI Kuldeep Singh has stated that police party laid
a barricading (Nakabandi) and the petitioner was apprehended
and from his possession one motor cycle make Splendor without
number plate was recovered and the petitioner has failed to
produce any document with regard to the said motor cycle as such
present FIR was registered against petitioner."
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.
5. The State's counsel opposes bail and refers to the reply.
6. There is sufficient primafacie evidence connecting the petitioner with the alleged
crime. However, pre-trial incarceration should not be a replica of post-conviction
sentencing. Per paragraph 8 of the bail petition, the petitioner has been in custody since
18.02.2024. Per the custody certificate dated 03.11.2024, the petitioner's total custody in
this FIR is 08 months and 16 days. Given the penal provisions invoked viz-a-viz pre-trial
custody, coupled with the primafacie analysis of the nature of allegations, and the other
factors peculiar to this case, there would be no justifiability further pre-trial incarceration
at this stage.
7. 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 bail.
This order shall come into force from the time it is uploaded on this Court's official
webpage.
8. 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 concerned Court and due to unavailability before any nearest
Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Court must
be satisfied that if the accused fails to appear, such surety can produce the accused.
9. 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)
10. This order is subject to the petitioner's complying with the following terms.
11. The petitioner shall abide by all statutory bond conditions and appear before the
concerned Court(s) on all dates. The petitioner shall not tamper with the evidence,
influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any
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CRM-M-39168-2024
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. Any observation made hereinabove is neither an expression of opinion on the
case's merits nor shall the trial Court advert to these comments.
13. 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
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.
14. Petition allowed in terms mentioned above. All pending applications, if any,
stand disposed of.
(ANOOP CHITKARA)
JUDGE
12.11.2024
Jyoti Sharma
Whether speaking/reasoned: Yes
Whether reportable: No.
authenticity of this order/judgment
