Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 203 CRM-M-40545-2024 Date of Decision: 23.01.2025 RAJAT SINGH @ KATTA
......... Peoners Versus STATE OF PUNJAB
......... Respondent
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA Present Mr. Ajay Pal Singh Rehan, Advocate for the peoner. Mr. Jasjit Singh, DAG, Punjab. **** ANOOP CHITKARA, J. (ORAL) FIR No. Dated Police Sta0on Sec0ons 23 24.04.2024 Narot Jaimal Singh, District Pathankot 61, 78(2) of the Punjab Excise Act, 1914 and Secons 420, 467, 468, 471, 120-B IPC The peoner apprehending the arrest in the FIR caponed above, has come up before this Court under Secon 438 CrPC seeking ancipatory bail.
2. Vide order dated 12.09.2024, a co-ordinate Bench of this Court had granted interim bail to the peoner subject to compliance of some condions.
3. State counsel submits that the peoner is a habitual offender and in case, he is granted bail, there is all likelihood of repeang the offence.
4. In the enrety of facts and circumstances and considering the quanty of alcohol, the present peon is allowed and interim order dated 12.09.2024 is made absolute subject to further following condions: (i) Given the background of allegaons against the peoner, it becomes paramount to protect the detecon squad as well as the members of society, and incapacitang the accused would be one of the primary opons unl the filing of the closure report or discharge, or acqui>al. Consequently, it would be appropriate to restrict the possession of firearm(s). [This restricon is being imposed based on the preponderance of evidence of probability and not of evidence of certainty, i.e., beyond reasonable doubt; and as such, it is not to be construed as an intermediate sancon]. Given the nature of the allegaons JYOTI 2025.01.24 13:16 I attest to the accuracy and integrity of this
order/judgment.
CRM-M-40545-2024 -2- and the other circumstances peculiar to this case, peoner shall surrender all weapons, firearms, and ammunion, if any, along with the arms license to the concerned authority within fiCeen days from release from prison and inform the Invesgator about the compliance. However, subject to the Indian Arms Act, 1959, peoner shall be entled to renew and take it back in case of acqui>al in this case, provided otherwise permissible in the concerned rules. Restricng firearms would insll confidence in the vicm(s), their families, and society; it would also restrain the accused from influencing the witnesses and repeang the offense. (ii) In case, peoner repeats the offence, the State may file an applicaon for cancellaon of bail. All pending miscellaneous applicaons, if any, stand disposed of.
(ANOOP CHITKARA) JUDGE 23.01.2025 Jyo -II Whether speaking/reasoned Yes/No Whether Reportable Yes/No JYOTI 2025.01.24 13:16 I attest to the accuracy and integrity of this
order/judgment.