Jagdish Singh @ Disha v. State of Punjab

ANOOP CHITKARA, J. FIR No. Dated Police Station Sections 141 26.11.2023 Nakodar Sadar, 341, 323, 324, 458, 506, 308, District Jalandhar 148, 149 IPC (Secton 201 IPC added later on)

¶1The pettoner incarcerated in the FIR captoned above had come up before this Court under Secton 483 of Bharatya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.

¶2As per Note-2 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. That the brief facts of the mater are; that on 26.11.2023, complainant namely Pardeep Singh stated in his statement that on 25.11.2023, at about 9:30/10:00 PM, complainant was returning home from his well and then a DJ was playing in the street for the marriage of Manpreet alias Mani and complainant took a turn from the street to his house. Some rela,ves of Manpreet alias Mani, who were smoking cigaretes and loudly abusing, stopped the complainant and started abusing him when he approached them. They were drunk, promp,ng the complainant to go home. Complainant further stated that a/er some ,me, Manpreet Singh @ Mani armed with a s,ck; his maternal cousin armed with a baseball bat; another maternal cousin armed with a rod; brother-in-law of Manpreet Singh @ Mani armed with a sword; another brother-in-law armed with a order/judgment. 1 datar (Iron blade); another maternal cousin armed with a s,ck; and another maternal cousin armed with a s,ck, along with other unknown persons, entered the complainant's house. Manpreet Singh alias Mani, in an atempt to kill the complainant, raised a lalkara (call for challenge) demanding that the complainant should not be le/ unhurt. Complainant further stated that the maternal cousin of Manpreet Singh @ Mani struck complainant on the nose with a s,ck. Subsequently, Manpreet Singh @ Mani struck complainant on the head with a s,ck with the intent to kill him, and his accomplices threw the complainant on the ground and scuffled with him. In the mean,me, the complainant's mother namely Gurjit Kaur called Bagicha Singh and Palwinder Singh over phone. Palwinder Singh arrived at the above-said spot and atempted to save complainant from the above-said persons. However, Manpreet Singh @ Mani also struck Palwinder Singh on the head with a s,ck. Complainant further stated that maternal cousin of Manpreet Singh @ Mani struck Palwinder Singh on the forehead with a baseball bat. Brother-in-law of Manpreet Singh @ Mani struck Palwinder Singh on the nose with the reverse side of a kirpan (sword) and another brother-in-law struck Palwinder Singh on the lips with a datar (Iron blade). Complainant and Palwinder Singh raised cries to save themselves and in the mean,me, Bagicha Singh and other persons gathered at the scene. The above-said persons, while hurling threats to kill the complainant and Palwinder Singh, fled from the spot. Therefore, complainant requested to take legal ac,on against the above-said persons."

¶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 their 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: "Role of the Pe##oner

¶15That the pe,,oner was nominated as an accused on the basis of disclosure statement suffered by co-accused Sukhdev Singh wherein he stated that pe,,oner is the maternal cousin of Manpreet @ Mani and he had inflicted injuries upon the complainant and Palwinder Singh. Furthermore, Manpreet @ Mani in his disclosure statement disclosed that order/judgment. 2 the pe,,oner was carrying a baseball ball bat at the ,me of commission of offence. EVIDENCE AGAINST PETITIONER:

¶16That as stated above, the pe,,oner was nominated as an accused on the basis of disclosure statement suffered by co-accused Sukhdev Singh wherein he stated that pe,,oner is the maternal cousin of Manpreet @ Mani and he had inflicted injuries upon the complainant and Palwinder Singh. Furthermore, Manpreet @ Mani in his disclosure statement disclosed that the pe,,oner was carrying a baseball ball bat at the ,me of commission of offence." REASONING:

¶7The regular bail had already been granted by this Court to the co-accused vide order dated 10.07.2024 passed in CRM-M-31454-2024 where in averments qua compromise between the partes is there.

¶8There is sufficient primafacie evidence connectng the pettoner with the alleged crime. However, pre-trial incarceraton should not be a replica of post-convicton sentencing. As per paragraph 8 of the bail petton, the pettoner has been in custody since 31.12.2024. As per the custody certficate dated 11.02.2025, the pettoner's total custody in this FIR is one month and ten days. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegatons, and the other factors peculiar to this case, there would be no justfiability for further pre-trial incarceraton at this stage.

¶9The investgaton indicates that the pettoner is not the main accused, so the pettoner's bail shall not be treated as a precedent for grantng bail to the other co-accused with a higher role.

¶10Without 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.

¶11Given above, provided the pettoner is not required in any other case, the pettoner shall be released on bail in the FIR captoned above subject to furnishing bonds to the satsfacton of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before acceptng the surety, the concerned Court must be satsfied that if the accused fails to appear, such surety can produce the order/judgment. 3

¶12While furnishing a personal bond, the pettoner shall menton the following personal identficaton details:

¶1AADHAR number

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

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶13This order is subject to the pettoner's complying with the following terms.

¶14The 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.

¶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 aHest it to be a true copy. If the aHestng officer wants to verify its authentcity, such an officer can also verify its authentcity and may download and use the downloaded copy for aHestng bonds.

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

19.02.2025 Jyot-II Whether reportable: No. order/judgment. 4

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 13.02.2025 Pronounced on: 19.02.2025 Jagdish Singh @ Disha ...Pettoner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Ms. Palvi, Advocate for the pettoner. Mr. Akshay Kumar, A.A.G, Punjab ****