CRM-M-3115-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-3115-2025 Reserved on: 14.02.2025 Pronounced on: 28.02.2025 Sarwan Kumar ...Pe oner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Avtar Singh Bha!, Advocate, for the pe oner. Mr. Jasjit Singh, DAG, Punjab. **** ANOOP CHITKARA, J. FIR No. Dated Police Sta0on Sec0ons 8 29.01.2024 Taragarh, Dis/. Pathankot 379 IPC and Sec on 21 (1) of Mines and Minerals (Development and Regula on) Act, 1957 1. The pe oner apprehending arrest in the FIR cap oned above has come up before this Court under Sec on 482 of Bhara ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an cipatory bail. 2. In paragraph 11 of the bail pe on, the accused declares that he has no criminal antecedents. 3. The facts and allega ons are being taken from the status report filed by the State, which reads as follows: “5.B. That present FIR has been registered on the complaint bearing leer no.01 special dated 29.01.2024 addressed to SHO PS Taragarh Pathankot sta%ng therein that on dated 29.01.2024 at about 12.15 AM (night) District Mining Officer, Pathankot, Assistant District Mining Officer, Kathua Malikpur and Sangamdeep Singh Junior Engineer-cum-Mining Inspector Kathua Sub Division Malikpur, Pathankot had conducted checking of Kirian Crusher Zone and during checking, one %pper (CAB No.P5518TY320984), without number plate which was loaded with minor minerals, came out from river side and entered J.S. Stone Crusher, Jaswan 1 JYOTI 2025.02.28 13:45 I attest to the accuracy and integrity of this order/judgment. CRM-M-3115-2025 and on seeing Sangamdeep Singh Junior Engineer-cum-Mining Inspector, driver of said %pper ran away a<er unloading the %pper. The police party was informed in this regard. Then ASI Balbir Singh along with police party reached at the spot and witnessed the site. Then fresh minor mineral which was unloaded, was found at the spot in the area of J.S. Stone Crusher, Jaswan and its loca%on was Lat.32.279463 and Long. 75.466575. At that %me there is no legal quarry inside the area of Jaswan and the said minor mineral has been dug out illegally from river Ravi. On the bank of Ravi river two number %ppers (one without number plate) and (one bearing no.PB-06-AK-2395) were also found, which were coming for loading the material in Ravi river and they stopped their way and by taking this advantage, driver took away the Chain Excavator machine and succeeded in running. This maer pertains to illegal mining and accordingly, legal ac%on may be taken against owner of said Stone Crusher and three %ppers and uniden%fied drivers of one Chain Excavator for commission of offence punishable under Sec%ons 21 (1) of Mines and Minerals Act 1957 and 379 of IPC. Three unloaded %ppers out of which one %pper without number having CAB No. PS518TY320984 from the area of J.S. Stone Crusher, %pper bearing no.PB-06-AK-2395 and one other %pper without number which was going from J.S. Stone Crusher towards river were handed over to ASI Balbir Singh and taken into police possession. Neither %pper drivers nor owner of crusher were found on the spot. During search, Chowkidar Sham Lal son of Parkash Chand, resident of Narot Jaimal Singh of J.S. Stone Crusher met him and he disclosed the names of the owners of J.S.Stone Crusher as Baldev Singh and Ramesh Singh sons of Sardar Singh, residents of village Jaswan, PS Taragarh, District Pathankot and on their asking mining was being done and accordingly. the present FIR was registered.” 4. Counsel for the pe oner submits that name of pe oner has been surfaced on the basis of disclosure statement of co-accused Vishawjeet Singh. He prays for bail by imposing any stringent condi ons and contends that further pre-trial incarcera on would cause an irreversible injus ce to the pe oner 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 por ons of the status report, which read as follows: 2 JYOTI 2025.02.28 13:45 I attest to the accuracy and integrity of this order/judgment. CRM-M-3115-2025 “Role of the peoner:- The pe%%oner/accused Sarwan Kumar @ Kaka S/o Panjab Raj R/o village Tajpur, District Pathankot was opera%ng chain excavator by which the illegal mining was carried out and mineral were loaded in the %pper. The Pe%%oner on asking of his owner/accused Baldev Raj was loading Tippers with Minerals by opera%ng the said Chain Excavator machine and when police raid on the illegal mining, the pe%%oner took/drive the said Machine towards the River side and therea<er he fled away a<er parking the machine on the side of J.S. Stone Crusher. E. Evidence against the peoner/accused:- During the inves%ga%on of case, accused Vishawjeet Singh was arrested, who disclosed that the pe%%oner/accused Sarwan Kumar @Kaka was opera%ng chain excavator by which the illegal mining was carried out and mineral was loaded in the %pper. The Chain Excavator machine which was being operated by the Pe%%oner Sarwan Kumar @Kaka for illegal mining was recovered by the police at the side of J.S. Stone Crusher, hence, the pe%%oner has been nominated in this case as an accused for having involvement in commission of such offence. Accordingly, keeping in view the aforesaid facts and circumstances, the pe%%oner/accused Sarwan Kumar does not deserve concession of an%cipatory bail.” REASONING: 7. Pre-trial incarcera on should not be a replica of post-convic on sentencing. The evidence might be prima facie sufficient to launch prosecu on or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of an cipatory bail. An analysis of the above does not jus fy custodial interroga on or pre- trial incarcera on. 8. Given the above, the penal provisions invoked 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 custodial interroga on or the pre-trial incarcera on at this stage. 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. 9. Given above, provided the pe oner is not required in any other case, the pe oner shall be released on an cipatory bail in the FIR cap oned above subject to furnishing bonds to the sa sfac on of the Arres ng Officer, and if the ma/er is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa 3 JYOTI 2025.02.28 13:45 I attest to the accuracy and integrity of this order/judgment. CRM-M-3115-2025 Magistrate/duty Magistrate. Before accep ng the surety, the concerned Officer/Court must be sa sfied that if the accused fails to appear, such surety can produce the accused. 10. While furnishing a personal bond, the pe oner shall men on the following personal iden fica on details: 1. AADHAR number 2. Passport number (If available) and when the a/es ng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 11. This order is subject to the pe oner’s complying with the following terms. 12. The pe%%oner is directed to join the inves%ga%on 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 Inves%gator. The pe oner shall be in deemed custody for Sec on 27 of the Indian Evidence Act, 1872/ Sec on 23 of BSA, 2023. The pe oner shall join the inves ga on as and when called by the Inves ga ng Officer or any Superior Officer and shall cooperate with the inves ga on at all further stages as required. In the event of failure to do so, the prosecu on will be open to seeking cancella on of the bail. During the inves ga on, the pe oner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 13. The pe oner shall abide by all statutory bond condi ons and appear before the concerned Court(s) on all dates. The pe oner 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. 14. In case the Inves gator/Officer-In-Charge of the concerned Police Sta on arraigns another sec on of any penal offense in this FIR, and if the new sec on prescribes a maximum sentence that is not greater than the sec ons men oned above, then this bail order shall be deemed to have also been passed for the newly added sec on(s). However, suppose the newly inserted sec ons prescribe a sentence exceeding the maximum sentence prescribed in the sec ons men oned above; then, in that case, the Inves gator/Officer-In-Charge shall give the pe oner no ce of a minimum of seven days, providing an opportunity to avail the remedies available in law. 15. This bail is condi onal, and the founda onal condi on is that if the pe oner 4 JYOTI 2025.02.28 13:45 I attest to the accuracy and integrity of this order/judgment. CRM-M-3115-2025 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 be at liberty to cancel this bail. 16. The concerned trial court is authorized to delete, modify, or relax any of the above condi ons and shall be competent to do so in accordance with the law. 17. Any observa on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 18. A cer fied copy of this order would not be needed 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. If the a/es ng officer wants to verify its authen city, such an officer can also verify its authen city and may download and use the downloaded copy for a/es ng bonds. 19. Pe00on allowed in terms men oned above. All pending applica ons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 28.02.2025 Jyo0-II Whether speaking/reasoned: Yes Whether reportable: No. 5 JYOTI 2025.02.28 13:45 I attest to the accuracy and integrity of this order/judgment.