CRM-M-60015-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-60015-2024 Reserved on: 14.01.2025 Pronounced on: 28.01.2025 Jugraj Singh @ Jaggu ...Peoner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Sukhmeet Singh, Advocate, for the peoner. Mr. Jasjit Singh, DAG, Punjab. **** ANOOP CHITKARA, J. FIR No. Dated Police Sta0on Sec0ons 42 24.10.2024 Kacha Pacca, District Tarn Taran 25(6), 25(7) (i), 25(8) of Arms Act, 1959 (Secon 249 of BNS added later on) 1. The peoner apprehending arrest in the FIR caponed above has come up before this Court under Secon 482 of Bharaya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking ancipatory bail. 2. In paragraph 9 of the bail peon, the accused declares that he has no criminal antecedents. 3. The facts and allegaons are being taken from the status report filed by the State, which reads as follows: “4. That true facts leading to this case are that the invesgang officer namely ASI Gurmit Singh along with police officials in connecon with special nakabandi were present at Surwind Chowk and were doing checking of different vehicles. A$er some me, one motorcycle Honda Dream, Colour Black without number plate was seen coming from Dayalpur side on which two clean shaven persons were riding, to whom ASI Sukhwinder Singh No.308/TT gave signal to stop. Then, the person who was driving the motorcycle tried to turn back at once. Then, the invesgang officer apprehended them with the help of fellow officials 1 JYOTI 2025.01.29 15:58 I attest to the accuracy and integrity of this order/judgment. CRM-M-60015-2024 and asked for their name and address. Then, the motorcyclist disclosed his name Ranjit Singh @ Jeeta son of Onkar Singh, resident of Chagawan Sadhpur, P.S. Ma5ewal and the person who was pillion rider disclosed his name as Gurpreet Singh @ Gopi son of Harjit Singh, resident of village Chagawan Sadhpur, P.S. Ma5ewal. At the me of conducng the search of motorcyclist Ranjit Singh, the invesgang officer while complying with the provisions of Secon 105 of BNSS in his mobile in E-Saksha App and started videography with the help of fellow official. On search from his right pocket of wearing pant, 7 live cartridges 30 bore were recovered and at the me of conducng the search of above said Gurpreet Singh, from the right pocket of his wearing pant, 6 live cartridges 30 bore were recovered. The above said persons neither produce any proof regarding recovered cartridges nor produce any documents of motorcycle. On asking strictly the above said persons disclosed that they have brought the above said cartridges from their village and a$er taking the pistol from some person of village Baltoha, firing was to be done for ransom and in this regard, the present case FIR No.42 dated 24.10.2024, under secon 25(6)/25(7)(1)/25(8) of the Arms Act has been registered at police staon Kacha Pacca, District Tarn Taran against the accused namely Ranjit Singh alias Jeeta and Gurpreet Singh alias Gopi.” 4. The peoner's counsel prays for bail by imposing any stringent condions and contends that further pre-trial incarceraon would cause an irreversible injusce to the peoner 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 porons of the status report, which read as follows: “5. That during the course of interrogaon of the accused Gurpreet Singh alias Gopi and Ranjit Singh, the co-accused Gurpreet Singh alias Gopi voluntarily suffered his disclosure statements before the invesgang officer to the effect that "Mohabbat Singh son of Kulwinder Singh, Caste Jat, resident of Nath Ki Khuhi, P.S. Mehta had given 6 live cartridges 30 bore and had said that he has to go in District Tarn Taran where Jugraj Singh @ Jaggu son of Satnam Singh, resident of Bhangala will meet him and he will arrange for his stay and he will call him that to whom these cartridges are to be given" and the co-accused Ranjit Singh voluntarily suffered his disclosure statement before the invesgang officer to the 2 JYOTI 2025.01.29 15:58 I attest to the accuracy and integrity of this order/judgment. CRM-M-60015-2024 effect that "Mohabbat Singh son of Kulwinder Singh, Caste Jat, resident of Nath Ki Khuhi, P.S. Mehta had given 7 live cartridges 30 bore and had said that he has to go in District Tarn Taran where Jugraj Singh @ Jaggu son of Satnam Singh, resident of Bhangala will meet him and he will arrange for his stay and he will call him that to whom these cartridges are to be given and he was going to give these cartridges and has been apprehended along with cartridges" and on the basis above said disclosure statements, the peoner namely Jugraj Singh alias Jaggu and co-accused Mohabbat Singh have been nominated in the present case vide DDR No.15 dated 27.10.2024. ROLE OF THE PETITIONER: 7. That as far as role of the peoner namely Jugraj Singh alias Jaggu is concerned, it is submi5ed that illegal ammunion had been recovered from the co-accused Ranjit Singh and Gurpreet Singh and they had further revealed that the peoner was to arrange for their stay ll they received further instrucons as to whom the cartridges were to be delivered and since it is indicave of the existence of notorious syndicate which is dealing in illegal arms trade and there is every possibility that the invesgaon will be derailed in case the ancipatory bail is granted to the peoner. As such, the peoner has commi5ed the serious offence and he is not entled for the concession of ancipatory bail and the custodial interrogaon of the peoner is utmost required in the present case in order to trace the other accused who are involved in the present case and further to bring the invesgaon of the present case to its logical conclusion. EVIDENCE AGAINST THE PETITIONER: 8. That it is submi5ed that as far as evidence against the peoner is concerned, it is submi5ed that illegal ammunion has been recovered from the co-accused Ranjit Singh and Gurpreet Singh which they were going to deliver to the peoner and further, a$er making arrest of the peoner appropriate invesgaon will be conducted against him. Moreover, there is sufficient evidence against the peoner and he is likely to be convicted in the present case.” 7. The evidence against the peoner is in the shape of disclosure statement of co- accused Ranjit Singh, who had confessed in custody before the police officials about the peoner that he said he will arrange for their stay. 3 JYOTI 2025.01.29 15:58 I attest to the accuracy and integrity of this order/judgment. CRM-M-60015-2024 8. Pre-trial incarceraon should not be a replica of post-convicon sentencing. The evidence might be prima facie sufficient to launch prosecuon or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of ancipatory bail. An analysis of the above does not jusfy custodial interrogaon or pre- trial incarceraon. 9. Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allegaons and the other factors peculiar to this case, there would be no jusfiability for custodial interrogaon or the pre-trial incarceraon at this stage. 10. The peoner's bail shall not be treated as a precedent for granng bail to the other co-accused with a higher role. 11. Without commenng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons menoned above, the peoner makes a case for bail. This order shall come into force from the me it is uploaded on this Court's official webpage. 12. Given above, provided the peoner is not required in any other case, the peoner shall be released on bail in the FIR caponed above subject to furnishing bonds to the sasfacon of the Arresng Officer, and if the maGer is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepng the surety, the concerned Officer/Court must be sasfied that if the accused fails to appear, such surety can produce the accused. 13. While furnishing a personal bond, the peoner shall menon the following personal idenficaon details: 1. AADHAR number 2. Passport number (If available) and when the aGesng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 14. This order is subject to the peoner’s complying with the following terms. The peoner shall abide by all statutory bond condions and appear before the concerned Court(s) on all dates. The peoner 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. 4 JYOTI 2025.01.29 15:58 I attest to the accuracy and integrity of this order/judgment. CRM-M-60015-2024 15. The peoner is directed to join the invesgaon within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Invesgator. The peoner shall be in deemed custody for Secon 27 of the Indian Evidence Act, 1872/ Secon 23 of BSA, 2023. The peoner shall join the invesgaon as and when called by the Invesgang Officer or any Superior Officer and shall cooperate with the invesgaon at all further stages as required. In the event of failure to do so, the prosecuon will be open to seeking cancellaon of the bail. During the invesgaon, the peoner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 16. In case the Invesgator/Officer-In-Charge of the concerned Police Staon arraigns another secon of any penal offense in this FIR, and if the new secon prescribes a maximum sentence that is not greater than the secons menoned above, then this bail order shall be deemed to have also been passed for the newly added secon(s). However, suppose the newly inserted secons prescribe a sentence exceeding the maximum sentence prescribed in the secons menoned above; then, in that case, the Invesgator/Officer-In-Charge shall give the peoner noce of a minimum of seven days, providing an opportunity to avail the remedies available in law. 17. This bail is condi onal, and the founda onal condi on is that if the pe oner indulges in any non-bailable offense, the State may file an applica on for cancella on of this bail before the Sessions Court, which shall have the liberty to cancel this bail. 18. Any observaon made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 19. A cerfied copy of this order would not be needed for furnishing bonds, and any Advocate for the Peoner can download this order along with case status from the official web page of this Court and aGest it to be a true copy. If the aGesng officer wants to verify its authencity, such an officer can also verify its authencity and may download and use the downloaded copy for aGesng bonds. 20. Pe00on allowed in terms menoned above. All pending applicaons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 28.01.2025 Jyo-II Whether speaking/reasoned: Yes Whether reportable: No. 5 JYOTI 2025.01.29 15:58 I attest to the accuracy and integrity of this order/judgment.