Gurcharan Singh Alias Sahil v. State of Punjab

ANOOP CHITKARA, J. FIR No. Dated Police Sta/on Sec/ons 126 24.07.2024 City Fazilka, District Fazilka 331(4), 305 BNS, 2023

¶1The pettoner apprehending arrest in the FIR captoned above has come up before this Court under Secton 482 of Bharatya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking antcipatory bail.

¶2In paragraph 9 of the bail petton, the accused declares that he has no criminal antecedents.

¶3The facts and allegatons are being taken from the reply filed by the State, which reads as follows: 4(a) That FIR in this case was registered on the statement of Dhanraj son of Rameshwar Lal son of Loona Ram resident of Radha Swami Colony, Street No. 5, Fazilka sta%ng that on 19.07.2024 at about 10.30 pm, a/er closing his halwai shop situated at Sacha Sauda Road, Banzara Chowk, Fazilka, he came home for having his dinner. When a/er having his dinner, he reached the shop at about 11.30 pm, he no%ced that the ven%lator of the shop/factory was lying broken and when he checked his office room, he no%ced that the wooden cash box was missing. The window of the office was also open. The cash box contained cash amount of Rs.1,10,000/-as well as important documents-LIC documents, registery JYOTI of house, PAN card, Bank cheque books, car papers, GST papers, ATM order/judgment. 1 card, credit card, some old cards, documents of his children etc. He kept on searching for the thieves and now he came to know that Balkar Singh, Sahil and two unknown persons have commi=ed the/ in their shop. On the basis of said statement, FIR No.126 dated 24.07.2024, under Sec%on 331(4),305 of Bhar%ya Nyaya Sanhita (B.N.S)2023 was registered at Police Sts%on City Fazilka against the pe%toner and above said co-accused."

¶4The pettoner's counsel prays for bail by imposing any stringent conditons and contends that further pre-trial incarceraton would cause an irreversible injustce to the pettoner and his family.

¶5The State's counsel opposes bail and refers to the reply.

¶6It would be appropriate to refer to the following portons of the reply, which read as follows: "6. That it is respecBully submi=ed that all the accused including present pe%%oner, have commi=ed above noted heinous crime. Therefore, custodial interroga%on of the pe%%oner being the member of their gang is necessary for the proper inves%ga%on of the case and to decode the modus operandi adopted by all the accused. Therefore, the pe%%oner is not at all en%tled to the concession of an%cipatory bail. No cause of ac%on has accrued to the pe%%oner to file the present pe%%oner. Hence, the present pe%%on is liable to be dismissed." REASONING:

¶7Pre-trial incarceraton should not be a replica of post-convicton sentencing. The evidence might be prima facie sufficient to launch prosecuton or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of antcipatory bail. An analysis of the above does not justfy custodial interrogaton or pre-trial incarceraton.

¶8Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allegatons and the other factors peculiar to this case, there would be no justfiability for custodial interrogaton or the pre-trial incarceraton at this stage. Without commentng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentoned above, the pettoner makes a case for bail.

¶9Given above, provided the pettoner is not required in any other case, the order/judgment. 2 pettoner shall be released on antcipatory bail in the FIR captoned above subject to furnishing bonds to the satsfacton of the Arrestng Officer, and if the maFer is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before acceptng the surety, the concerned Officer/Court must be satsfied that if the accused fails to appear, such surety can produce the accused.

¶10While furnishing a personal bond, the pettoner shall menton the following personal identficaton details:

¶1AADHAR number

¶2Passport number (If available) and when the aFestng officer/court considers it appropriate or considers the accused a flight risk.

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶11This order is subject to the pettoner's complying with the following terms.

¶12The 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 pettoner shall be in deemed custody for Secton 27 of the Indian Evidence Act, 1872/ Secton 23 of BSA, 2023. The pettoner shall join the investgaton as and when called by the Investgatng Officer or any Superior Officer and shall cooperate with the investgaton at all further stages as required. In the event of failure to do so, the prosecuton will be open to seeking cancellaton of the bail. During the investgaton, the pettoner shall not be subjected to third-degree, indecent language, inhuman treatment, etc.

¶13The pettoner shall abide by all statutory bond conditons and appear before the concerned Court(s) on all dates. The pettoner 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.

¶14In case the Investgator/Officer-In-Charge of the concerned Police Staton arraigns another secton of any penal offense in this FIR, and if the new secton prescribes a maximum sentence that is not greater than the sectons mentoned above, then this bail order shall be deemed to have also been passed for the newly added secton(s). However, suppose the newly inserted sectons prescribe a sentence exceeding the maximum sentence prescribed in the sectons mentoned above; then, in order/judgment. 3 that case, the Investgator/Officer-In-Charge shall give the pettoner notce of a minimum of seven days, providing an opportunity to avail the remedies available in law.

¶15This bail is conditonal, and the foundatonal conditon is that if the pettoner indulges in any non-bailable offense, the State may file an applicaton for cancellaton of this bail before the Sessions Court, which shall be at liberty to cancel this bail.

¶16The concerned trial court is authorized to delete, modify, or relax any of the above conditons and shall be competent to do so in accordance with the law.

¶17Any observaton made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶18A certfied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pettoner can download this order along with case status from the official web page of this Court and aFest it to be a true copy. If the aFestng officer wants to verify its authentcity, such an officer can also verify its authentcity and may download and use the downloaded copy for aFestng bonds.

¶19Pe//on allowed in terms mentoned above. All pending applicatons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

14.02.2025 Jyot-II Whether reportable: No. order/judgment. 4

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 05.02.2025 Pronounced on: 14.02.2025 Gurcharan Singh @ Sahil ...Pettoner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Vineet Sachdeva, Advocate for the pettoner. Mr. Sukhdev Singh, A.A.G, Punjab. ****