Sarwan Kumar v. State of Punjab

ANOOP CHITKARA, J. FIR No. Dated Police Station Sections 8 29.01.2024 Taragarh, Dis/. 379 IPC and Secton 21 (1) of Mines and Pathankot Minerals (Development and Regulaton) Act, 1957

¶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 11 of the bail petton, the accused declares that he has no criminal antecedents.

¶3The facts and allegatons 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 leter 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 order/judgment. 1 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 mater 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."

¶4Counsel for the pettoner submits that name of pettoner has been surfaced on the basis of disclosure statement of co-accused Vishawjeet Singh. He 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 status report.

¶6It would be appropriate to refer to the following portons of the status report, which read as follows: order/judgment. 2 "Role of the pe##oner:- 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 pe##oner/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:

¶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 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 ma/er is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa order/judgment. 3 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 a/estng 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 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 pettonerJYOTI order/judgment. 4 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 a/est it to be a true copy. If the a/estng officer wants to verify its authentcity, such an officer can also verify its authentcity and may download and use the downloaded copy for a/estng bonds.

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

28.02.2025 Jyoti-II Whether reportable: No. order/judgment. 5

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 14.02.2025 Pronounced on: 28.02.2025 Sarwan Kumar ...Pettoner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Avtar Singh Bha!, Advocate, for the pettoner. Mr. Jasjit Singh, DAG, Punjab. ****