Sukhdeep Alias Deepu v. State of Punjab

ANOOP CHITKARA, J.

FIR No. Dated Police Station Sections

25.11.2024 Mahilpur 303(2), 3(5) of BNS 2023

¶1The 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.

¶2In the bail application, the petitioner is silent about criminal antecedents.

¶3The facts and allegations are being taken from the reply filed by the State, which reads as follows: "That it is submitted that FIR No. 208 dated 25.11.2024 under sections 303(2), 3(5) of BNS 2023 was registered against petitioner and Rohit Suan @ Romi on the statement of complainant Jaskaran Singh that on

4.11.2024, he visited Sethi market on his motor-cycle bearing no. PB-07AT-4479 for purchase of clothes. At about 8:00 pm, he entered in the market. At about 9:00, pm, when he came back, he found that his motor-cycle was missing. He came to know that his motor-cycle has been stolen by Rohit Suan and petitioner. Action be taken against them."

¶4The petitioner's counsel prays for bail by imposing any stringent conditions and contends that pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.

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

¶6It would be appropriate to refer to the following portions of the reply, which read as follows: "ROLE OF PETITIONER

¶5That it is submitted that the present case was registered on the statement of complainant Jaskaran Singh against the petitioner and co-accused Rohit Suan. The petitioner and co-accused Rohit Suan stole motor cycle bearing No.PB07-AT-4479 marka Hero Splendor from the shop of Sethi Garment Mahilpur, District Hoshiarpur. The co-accused Rohit Suan was arrested and the above said motor cycle was recovered. The co-accused Rohit Suan also suffered disclosure statement that he and petitioner had stolen above said motor cycle of the complainant from Sethi Garment Shop Mahilpur, District Hoshiarpur. The custodial interrogation of the petitioner is very much required for proper investigation." REASONING:

¶7Allegations against the petitioner are of stealing the motorcycle, however during the investigation the said motorcycle was recovered and this court deems it appropriate to give an opportunity to the petitioner to mend his ways.

¶8Pre-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.

¶9Given the above, the penal provisions invoked coupled with the primafacie 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. 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.

¶10Given above, provided the petitioner is not required in any other case, the petitioner shall be released on anticipatory 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.

¶11While furnishing a personal bond, the petitioner shall mention the following personal identification details:

¶1AADHAR number

¶2Passport number (If available) and when the

attesting officer/court considers it appropriate or considers the accused a flight risk.

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶12This order is subject to the petitioner's complying with the following terms.

¶13The 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.

¶14The 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.

¶15In 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.

¶16This 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.

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

¶18A 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.

¶19Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of.

(ANOOP CHITKARA)

JUDGE

25.03.2025 anju rani

No.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 06.03.2025 Pronounced on: 25.03.2025 Sukhdeep alias Deepu ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Shivam Joshi, Advocate for the petitioner. Mr. Adesh Pal Singh, AAG, Punjab. ****