Punjab-Haryana High Court
Satwinder Singh@ Maula vs State Of Punjab on 20 November, 2024
Neutral Citation No:=2024:PHHC:151782
CRM-M-51126-2024 - 1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
205
CRM-M-51126-2024
Date of decision: 20.11.2024
Satwinder Singh@ Maula
....Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Ms. Manjot Kaur, Advocate
for the petitioner.
Mr. Manipal Singh Atwal, DAG, Punjab.
*****
AMAN CHAUDHARY. J (Oral)
1. Prayer in the present petition filed under Section 483 BNSS is for
grant of regular bail to the petitioner in case FIR No.105, dated 27.11.2021,
registered under Sections 148, 149, 201, 307, 323, 324, 325, 326, 458, 459 IPC at
Police Station Khanauri, District Sangrur.
2. Learned counsel contends that the petitioner is in custody for 1 year
and about 1 month. It is in a supplementary statement of the complainant made
after 2 months and 4 days of lodging of FIR that the petitioner was named, with
allegations of having inflicted injuries on the legs, however no weapon has been
recovered from him. The injury attracting the offence under Section 307 has been
attributed to co-accused Sabar, who has been granted bail, vide order dated
21.11.2022 passed in CRM-M-47986-2022. Besides him, co-accused Krishan and
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Prem Singh have also been granted bail vide orders dated 14.11.2022 and
10.07.2024, against whom there were other cases pending. Charges were framed
on 18.07.2022, however, out of 28 prosecution witnesses, only 05 have been
examined. The petitioner is involved in 11 cases, out of which, 2 are under IPC, 8
under Excise Act and 1 under the NDPS, wherein he is on bail. Reliance is placed
on the judgment of Hon'ble the Supreme Court in Maulana Mohd. Amir
Rashadi vs. State of U.P. and others, 2012(2) SCC 382.
3. Learned State counsel has filed short reply by way of affidavit dated
19.11.2024 and custody certificate, which are taken on record, as per which, the
petitioner is behind bars for 1 year and 2 days.
4. Learned State counsel opposes the bail on the ground that the
complainant has specifically named the petitioner in the supplementary statement,
who actively participated in the commission of the offence, is an habitual offender
and involved in other cases as well. He is however unable to controvert the
submissions made regarding stage of the case, the petitioner being on bail in other
cases and co-accused having been enlarged on bail.
5. Heard.
6. Hon'ble the Supreme Court in the case of Maulana Mohd. Amir
Rashadi (supra) had held that, "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 jurisdiction of the Court etc." Reiterating
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in Prabhakar Tewari vs. State of UP and another, (2020) 11 SCC 648, it was
observed that, "The offence alleged no doubt is grave and serious and there are
several criminal cases pending against the accused. These factors by themselves
cannot be the basis for refusal of prayer for bail."
7. Considering the facts and circumstances of the case, in particular that
the petitioner is in custody for last 1 year and 2 days; is on bail in other cases; co-
accused have been granted bail; charges were framed on 18.07.2022; out of a total
of 28 prosecution witnesses, only 5 have been examined so far; the trial is likely to
take a considerable time, thus his further incarceration would not serve any useful
purpose, the present petition for grant of regular bail deserves to be allowed.
8. As a result, the present petition is allowed. The petitioner is ordered
to be released on regular bail, subject to his furnishing bail/surety bonds to the
satisfaction of trial Court/Duty Magistrate concerned and subject to his not being
required in any other case. The petitioner shall abide by the following conditions:-
(i) The petitioner will not tamper with the evidence during the
trial.
(ii) The petitioner will not pressurize/ intimidate the prosecution
witnesses.
(iii) The petitioner will appear before the trial Court on each and
every date fixed, unless is exempted by a specific order of
Court.
(iv) The petitioner shall not commit an offence similar to the
offence of which, he is an accused, or for commission of which
he is suspected of.
(v) The petitioner shall not directly or indirectly coerce, induce,
threaten or promise to any person acquainted with the facts of
the case so as to dissuade him/her from disclosing such facts to
the Court or to any police officer or tamper with the evidence
in any manner.
(vi) The petitioner shall not in any manner misuse his liberty.
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(vii) The petitioner shall furnish his address and mobile number to
the Trial Court forthwith and shall not change the same till the
conclusion of the trial and in case for any reason, the petitioner
seeks to change any of the aforesaid, the same shall be done
only with prior intimation to the learned Trial Court, stating the
reason for the same.
(viii) The petitioner shall not leave the country without prior
permission of the trial Court.
(ix) The trial Court/Duty Magistrate may impose any other
condition, as deemed appropriate while releasing the petitioner.
9. It is made abundantly clear that in case there is any breach of the
aforesaid conditions, the State shall be at liberty to seek cancellation of bail as
granted to the petitioner by this order.
10. In view of the above, it is clarified that the observations made herein
are limited for the purpose of present proceedings and would not be construed as
an opinion on the merits of the case and the trial would proceed independently of
the aforesaid observations.
(AMAN CHAUDHARY)
JUDGE
20.11.2024
Hemant
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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