CRM-M-48784-2024 (O&M) and -1- CRM-M-46946-2024 209 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-48784-2024 (O&M) 1) Date of decision: 03.04.2025 SATINDERPAL SINGH ...PETITIONER VERSUS STATE OF PUNJAB AND ANR. ...RESPONDENT 2) CRM-M-46946-2024 PARDEEP KUMAR @ PARDEEP SINGH @ DEEPI ...PETITIONER VERSUS STATE OF PUNJAB ...RESPONDENT CORAM: HON’BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Varun Garg, Advocate for the peoner in CRM-M-48784-2024. Mr.Simranjeet Singh Sarwar, Advocate for the peoner in CRM-M-46946-2024. Ms. Navreet Kaur Barnala, AAG, Punjab. **** ANOOP CHITKARA, J. (ORAL) FIR No. Dated Police Staon Secons 08 02.02.2022 Banur, District SAS Nagar (Mohali) 307, 452, 323, 341, 506, 148, 149 of IPC and Secon 325 of IPC added later on 1. The peoner(s) 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. Both peoner(s) have clean antecedents 3. Peoner(s) were released on interim bail vide orders dated 27.09.2024 and 30.09.2024 which are connuing ll date. 4. The facts and allegaons are being taken from the reply filed by the State, which reads as follows: "That the brief facts of the case are that case/FIR no. 8 dated 02.02.2022 U/S 307, 452, 323, 341, 506, 148, 149 IPC was registered at Police Sta(on Banur against Jaspal Singh @ Mastan Singh son of Sher Singh resident of Village Bhudhanpur, Banur and one unknown Renu Bala 2025.04.07 09:51 I attest to the accuracy and integrity of this document CRM-M-48784-2024 (O&M) and -2- CRM-M-46946-2024 person, on the basis of a complaint made by Ajodh Singh son of Hardeep Singh resident of Village Bhudhanpur, Banur, in which he alleged that on 01.02.202, at about 12:30 PM, he along with his friend Gurinder Singh was going on their motorcycle CT 100 bearing registra(on no. PB-70-D-8530 from his house towards their fields. When they reached near the pond of village, then Jaspal Singh @ Mastaan Singh along with his 10-12 accomplices were standing there with swords and rods and they encircled them. Jaspal Singh gave rod blow with an inten(on to kill him, which hit on his head. Out of the accomplices of Jaspal Singh, some gave swords blows on the backside of his head. Jaspal gave another rod blow on his right ankle. The accused also gave swords and rods blow to Gurinder Singh. Blood started oozing from the head of the complainant and he raised alarm, hearing which his cousin Satvir Singh, who was cu?ng fodder in his fields, also raised alarm. Upon this, the accused persons also chased Satvir Singh, who ran towards the Dera of Joginder Singh Nambardar and entered the dera to save his life. They all came to Dera and raised lalkara and threatened them with dire consequences. Then Manpreet Singh got him and Gurinder Singh admiBed in Govt. Hospital Dera Bassi in an injured condi(on, from where he was referred to GMCH, Sector 32, Chandigarh. Ul(mately, the present FIR was registered against the accused persons. The copy of FIR is already annexed with the pe((on as Annexure P-1 for kind perusal of the Hon'ble Court. Hence, there is no need to reiterate the en(re facts again here for the sake of brevity." 5. The peoner(s) counsel prays for bail by imposing any stringent condions and contends that pre-trial incarceraon would cause an irreversible injusce to the peoner and their family. Counsel for the peoner(s) submit that the peoner(s) were not name in the FIRs and they have been falsely implicated in the present cases. He further submits that main accused already enlarged on bail. 6. State counsel opposes bail. 7. It would be appropriate to refer to the following porons of the reply, which read as follows: "That the accused/pe((oner(s) along with their co-accused, were the members of an unlawful assembly and were armed with deadly weapons, they all on 01.02.2022, at about 12.30 PM, encircled Ajodh Singh and his Renu Bala 2025.04.07 09:51 I attest to the accuracy and integrity of this document CRM-M-48784-2024 (O&M) and -3- CRM-M-46946-2024 friend Gurinder Singh @ Gurdhain Singh, while they were going on their motorcycle near village pond and caused injuries to complainant Ajodh Singh and Gurinder Singh @ Gurdhain Singh and as per Medical evidence collected so far, there were three injuries on the person of Ajodh Singh, out of which, 2 injuries were declared grievous in nature, whereas, there were 4 injuries on the person of Gurinder Singh @ Gurdhian Singh with blunt weapon. The name of the accused/pe((oner is specifically men(oned by the complainant and other injured in their supplementary statement recorded on the very next day i.e. on 03.02.2022, that the accused/pe((oner also caused injuries to them." REASONING: 8. Main accused has already been enlarged on bail and maAer relates to year 2022, at this belated stage, no ground is made out to deny the bail to peoner. 9. There is sufficient primafacie evidence connecng the peoner(s) with the alleged offense; sll, it is neither a case for custodial interrogaon nor pre-trial incarceraon. Although 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 the same for the bail stage. 10. The peoner(s) were granted interim protecon, and during the interregnum, there is no allegaon that he had inmidated the witnesses, hampered the invesgaon, or, despite being called to join the invesgaon, did not appear before the invesgator. Given the above, there would be no jusficaon to disconnue the interim protecon, which is made absolute subject to the peoner complying with the terms of the bail order and the following addional condions. 11. The peoner(s) are directed to join the invesgaon within seven days and as and when called by the Invesgator. The peoner(s) shall be in deemed custody for Secon 27 of the Indian Evidence Act. 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(s) shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 12. Given the background of allegaons against the peoner(s), it becomes paramount to protect the complainant, witnesses, and members of society, and incapacitang the accused would be one of the primary opons unl the filing of the closure report or discharge, or acquiAal. 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 Renu Bala 2025.04.07 09:51 I attest to the accuracy and integrity of this document CRM-M-48784-2024 (O&M) and -4- CRM-M-46946-2024 not to be construed as an intermediate sancon]. Given the nature of the allegaons and the other circumstances peculiar to this case, the peoner(s) shall surrender all weapons, firearms, and ammunion, if any, along with the arms license to the concerned authority within fiGeen days and inform the Invesgator about the compliance. However, subject to the Indian Arms Act, 1959, the peoner(s) shall be entled to renew and take it back in case of acquiAal, 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. 13. Given the nature of the allegaons and the other circumstances peculiar to this case, the peoner(s) shall not enter the vicm's property, workplace, and residence unl the statements of all non-official and informal witnesses in the trial are recorded. This Court is imposing this condion to rule out any aAempt by the accused to incapacitate, influence, or cause any discomfort to the vicm. Reference be made to Vikram Singh v Central Bureau of Invesgaon, 2018 All SCR (Crl.) 458); and Aparna Bhat v. The State of Madhya Pradesh, 2021:INSC:192, 2021 SCC Online SC 230. 14. The condions menoned 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 Peon (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 condions imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be proporonal to the purpose of imposing them. The courts, while imposing bail condions must balance the liberty of the accused and the necessity of a fair trial. While doing so, condions that would result in the deprivaon of rights and liberes must be eschewed.” 15. Any observaon made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 16. Pe55ons are allowed in terms menoned above. Interim orders are made absolute. All pending applicaons, if any, stand disposed of. 03.04.2025 (ANOOP CHITKARA) renubala JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No Renu Bala 2025.04.07 09:51 I attest to the accuracy and integrity of this document