1 CRM-M-46418-2024 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 222 CRM-M-46418-2024 Decided on: 13.01.2025 Jassa Singh ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Sant Pal Singh Sidhu, Advocate for the petitioner. Mr. Sukhdev Singh, AAG, Punjab. Mr. Prateek Pandit, Advocate for the complainant. **** ANOOP CHITKARA, J. FIR No. Dated Police Station Sections 41 11.07.2024 Talwandi Chaudharian, District Kapurthala 118(1)/3(3) of BNS and 109 of BNS added later on 1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail. 2. In paragraph 10 of the bail petition, the accused declares that he has no criminal antecedents. 3. The facts and allegations are being taken from the copy of FIR (AnnexureP-1), which reads as follows: “Statement of Bohar Singh son Singh resident Ferozepur, on of Ke, of Pritam P.S. our firm Sadar Bare Distt. Ferozepur aged about 31 years Mob. No. 98152-95994 stated that I am resident of above mentioned address. We are doing the work of filling the earth on the roads. From the last three months, namely Parminder Trading Company is filling the Delhi-Jammu Katra Highway the earth near Talwandi Chaudharian. Gurpreet Singh son resident of Village of Bikkar Singh is Saner Road, ANJU RANI 2025.01.15 12:56 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 2 CRM-M-46418-2024 2 Zira, Distt. Ferozepur who is the is also son of my maternal uncle and he working with us. On 10.07.2024 at about 11:30 O' clock I and Sukhpal Singh son of Nasib Singh resident of Saner Road, Zira were doing a our work where we were filling the earth the road. Then on Gurpreet Singh son of Bikkar Singh resident of Saner Road brought the tea for us from Talwandi Chaudharian on a motorcycle and he was nervous to whom we asked that what happened then he told that Gurjit Singh son of Jassa Singh resident of Bhaini Husse Khan who is also filling the earth nearby us who hit the side of the truck and I asked from him for this reason then he started abusing with me and some of the passerby got pacified us and sent both of us. Then at about 11:45 0' clock Gurjit Singh son of Jassa Singh armed with gandasi, Jassa Singh son of unknown armed with dang resident of Bhaini Husse Khan and two unidentified. persons came there on I-20 car where we were working near the Dhussi embankment near Talwandi Chaudharian and on reaching Jassa Singh raised Lalkara that catch hold Gurpreet Singh and teach him a lesson for arguing with my son. Then Gurjit Singh gave gandasi blow with an intention to kill to our companion Gurpreet Singh which hit on his head and he fell down unconsciously. Then we raised the alarm Maar Ditta Maar Ditta and all the above said accused persons ran away from the spot with their respective weapons and then we arranged a conveyance and took Gurpreet Singh to Civil Hospital, Sultanpur Lodhi and after examined by doctor and on account of serious condition doctors referred Gurpreet Singh to Civil Hospital, Jalandhar where we got admitted Gurpreet Singh in civil hospital, Jalandhar. Thereafter, the health of Gurpreet Singh became more deteriorated and we got admitted him in NHS Hospital, Jalandhar where he is under treatment. Reason of this grudge is that Gurpreet Singh told Gurjit Singh that drive the vehicle carefully then they came in anger and caused injuries to our companions. Legal action be taken against them. This whole occurrence witnessed by me and my companion Sukhpal Singh son of Nasib Singh resident of Saner Road, Zira. You have recorded my statement which is admitted to be correct. Sd/- Bohar Singh 98152-95994 verified by Sukhdev Singh ASI, P.S. Talwandi Chaudharian, Distt. Kapurthala.” 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. ANJU RANI 2025.01.15 12:56 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 3 CRM-M-46418-2024 3 5. The State’s counsel opposes bail and refers to the reply. 6. It would be appropriate to refer to the following portions of the reply, which read as follows: “8. That complainant was medico legally examined vide MLR No HPK/51/CH/SPL/2024 dated 10.07.2024 and as per the MLR, he suffered two injuries out of which injury no. 1 was sharp in nature and was dangerous to life and injury no.2 was simple in nature. It was opined as under- Injury No.1 A 10x5.5cm sutured wound on the left parietal region with compound comminuted depressed fracture of left Frontal bone, (CT Head report showed-Left Fronto Temporo Parietal acute Subdural haemorrhage with multiple haeomorrhagiv contusions, periesional edema, mass effect and midline shift) Injury 1 is sharp in nature and dangerous to life. Copy of Medical opinion is annexed herewith as Annexure R-1.” x x x x x Role of petitioner 11. That there are specific allegations against the petitioner and co accused Gurjit Singh for inflicting injuries on the person of complainant and injury no.1 was declared dangerous to life. It is pertinent to mention here that though petitioner has not inflicted injury on the person of complainant however he has connived with his son Gurjit Singh to inflict injuries on complainant in order to kill him and in pursuance to said fact he has raised Lalkara and his son inflicted injuries on person of complainant as such petitioner is not entitled for relief of anticipatory bail thus present petition is liable to be dismissed.” 7. Perusal of the FIR as well as reply clearly points out that gandasa blow on the head of victim was attributed to Gurjeet Singh and only lalkara was attributed to the petitioner. 8. Pre-trial incarceration should not be a replica of post-conviction sentencing. The evidence might be prima facie sufficient to launch prosecution or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of anticipatory bail. An analysis of the above does not justify custodial interrogation or pre- trial incarceration. 9. Given the above, the penal provisions invoked coupled with the primafacie ANJU RANI 2025.01.15 12:56 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 4 CRM-M-46418-2024 4 analysis of the nature of allegations and the other factors peculiar to this case, there would be no justifiability for custodial interrogation or the pre-trial incarceration at this stage. 10. 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. 11. 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 Arresting Officer, and if the matter is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Officer/Court must be satisfied that if the accused fails to appear, such surety can produce the accused. 12. 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) 13. This order is subject to the petitioner’s complying with the following terms. 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 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. The petitioner is directed to join the investigation 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 Investigator. The petitioner shall be in deemed custody for Section 27 of the Indian Evidence Act, 1872/ Section 23 of BSA, 2023. The petitioner shall join the investigation as and when called by the Investigating Officer or any Superior Officer and shall cooperate with the investigation at all further stages as required. In the event of failure to do so, the prosecution will be open to seeking cancellation of the bail. During the investigation, the petitioner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 15. Given the nature of the allegations and the other circumstances peculiar to this case, the petitioner shall not enter the property, workplace, and residence of the victim until the statements of all non-official and informal witnesses in the trial are recorded. ANJU RANI 2025.01.15 12:56 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 5 CRM-M-46418-2024 5 This Court is imposing this condition to rule out any attempt by the accused to incapacitate, influence, or cause any discomfort to the victim. Reference be made to Vikram Singh v Central Bureau of Investigation, 2018 All SCR (Crl.) 458); and Aparna Bhatt v. The State of Madhya Pradesh, 2021:INSC:192, 2021 SCC Online SC 230. 16. Given the background of allegations against the petitioner, it becomes paramount to protect the victim, and their family members, as well as the members of society, and incapacitating the accused would be one of the primary options until the filing of the closure report or discharge, or acquittal. Consequently, it would be appropriate to restrict the possession of firearm(s). [This restriction 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 sanction]. Given the nature of the allegations and the other circumstances peculiar to this case, the petitioner shall surrender all weapons, firearms, and ammunition, if any, along with the arms license to the concerned authority within fifteen days from release from prison and inform the Investigator about the compliance. However, subject to the Indian Arms Act, 1959, the petitioner shall be entitled to renew and take it back in case of acquittal in this case, provided otherwise permissible in the concerned rules. Restricting firearms would instill confidence in the victim(s), their families, and society; it would also restrain the accused from influencing the witnesses and repeating the offense. 17. The conditions mentioned above imposed by this court are to endeavor to reform and ensure the accused does not repeat the offense. In Mohammed Zubair v. State of NCT of Delhi, 2022:INSC:735 [Para 28], Writ Petition (Criminal) No 279 of 2022, Para 29, decided on July 20, 2022, A Three-Judge bench of Hon’ble Supreme Court holds that “The bail conditions imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be proportional to the purpose of imposing them. The courts, while imposing bail conditions must balance the liberty of the accused and the necessity of a fair trial. While doing so, conditions that would result in the deprivation of rights and liberties must be eschewed.” 18. In case the Investigator/Officer-In-Charge of the concerned Police Station arraigns another section of any penal offense in this FIR, and if the new section prescribes a maximum sentence that is not greater than the sections mentioned above, then this bail order shall be deemed to have also been passed for the newly added section(s). However, suppose the newly inserted sections prescribe a sentence exceeding the maximum sentence prescribed in the sections mentioned above; then, in that case, the Investigator/Officer-In-Charge shall give the petitioner notice of a minimum of seven days, providing an opportunity to avail the remedies available in law. ANJU RANI 2025.01.15 12:56 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 6 CRM-M-46418-2024 6 19. This bail is conditional, and the foundational condition is that if the petitioner indulges in any non-bailable offense, the State may file an application for cancellation of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 20. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 21. 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. 22. Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 13.01.2025 anju rani Whether speaking/reasoned: Yes Whether reportable: No. ANJU RANI 2025.01.15 12:56 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh