Kulwinder Singh Alias Kinda v. State of Punjab

ANOOP CHITKARA, J. FIR No. Dated Police Sta/on Sec/ons 01 03.01.2025 Dehlon, District Police 306, 3(5) of BNS, 2023 Commissionerate Ludhiana (317(2) of BNS added lateron)

¶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.

¶2As per paragraph 9 of the bail petton, the pettoner was involved in one more criminal case but he was acquiAed in that case by the trial Court, vide judgment dated

03.05.2024.

¶3The facts of the case are being taken from translated copy of FIR annexed with the petton as Annexure P-1, which reads as follows: "Statement of Tarsem Singh @ Ravi S/o Randhir Singh resident of Village Sarinh, PS Dehlon Ludhiana aged about 34 years mb. No. 87288-xxxxx. It is stated that I am the resident of above men)oned address, I am running a sweet shop and milk diary at Village Sarih in the name and style of Malkit Sweet Shop and on the first floor of the shop I kept diary product, milk, Desi Ghee, Khoya, paneer and other product sugar, Dalda ghee, refined oil etc in huge quan)ty. In order to take care and for cleaning purpose, I employed one Harjot Kumar @ Jot S/o Ram Singh resident of JYOTI Sarih for the last 2 and half year. I no)ced that from my shop the huge order/judgment. 1 quan)ty of Desi ghee, Khoya, Paneer and other product sugar, Dalda ghee, refined oil etc. were started missing. Then I watched the CCTV camera recording installed outside shop. Then I saw that on intervening night of 30/31.12.2024 at about 4.45 Am, the Harjot Singh @ Jot who I kept for cleaning and take care of the shop alongwith their friends Kulwinder Singh @ Kinda, Mandeep Singh @ Deepa Sons of Malkit Singh and Hardeep Singh @ Ravi S/o Dalwara Singh resident of Sarih by stealing one )n of Refined, one dholi of desi ghee, khoya in a big bag, going from there. On this I checked the en)re products lying in the shop, then I found that desi ghee in huge quan)ty, Khoya, paneer, and other product, sugar mark Dhan Laxmi M 31 and refined oil mark Shagun etc. stolen from my shop. Therea=er I enquired into, now I have full confidence that the whole product of my shop was stolen by Harjot Kumar @ Jot, Kulwinder Sigh @ Kinda, Mandep Singh @ Deepa and Hardeep Singh @ Ravi, Harjot Singh @ Jot, Kulwinder Singh @ Kinda, Mandeep Singh @ Deepa and Hardeep Singh @ Ravi aforesaid on motor cycle bearing No. PB 10 DJ 5098 mark Pla)na color black selling the stolen material Desi Ghee, and refined )n etc. to their customer in a brick kiln which was not working of Village Sarih Ludhiana Road, if raid be conducted then they can be apprehend red handed. Legal ac)on be taken against Harjot Singh @ Jot, Kulwinder Singh @ Kinda, Mandeep Singh @ Deepa and Hardeep Singh @ Ravi. The cost of the stolen material, I will provide lateron. Statement give, which is heard and correct."

¶4The pettoner's counsel prays for bail by imposing any stringent conditons and contends that 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: "ROLE OF THE PETITIONER:-

¶5That the pe))oner along with his co-accused commiDed the= of the above noted material from the shop of the complainant along with his co-accused as men)oned above. Thus considering the nature of allega)ons, the pe))oner is not en)tled for the concession of an)cipatory bail which is an extra ordinary relief and the same is granted only in excep)onal order/judgment. 2 cases. However, as per police record, no other FIR has been registered against the pe))oner. EVIDENCE AGAINST THE PETITIONER:-

¶6That there are direct and specific allega)ons in the FIR that the pe))oner alongwith his co-accused has commiDed the= of the above noted material from the shop of the complainant.

¶7That further inves)ga)on is s)ll pending and in order to know the modus operandi of the crime and to recover the stolen material, custodial interroga)on of the pe))oner is very much required by the police. Moreover custodial interroga)on of the pe))oner is qualita)vely more elicita)on oriented than ques)oning the pe))oner on an)cipatory bail. xxx xxx" REASONING:

¶7TheF relates to eatable items, most of the artcles/materials have already been recovered from the co-accused.

¶8Pre-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.

¶9Given 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.

¶10Given 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 maAer 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.

¶11While furnishing a personal bond, the pettoner shall menton the following personal identficaton details: order/judgment. 3

¶1AADHAR number

¶2Passport number (If available) and when the aAestng 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 pettoner's complying with the following terms.

¶13The 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.

¶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.

¶15In 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.

¶16This 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.

¶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 anyJYOTI order/judgment. 4 Advocate for the Pettoner can download this order along with case status from the official web page of this Court and aAest it to be a true copy. If the aAestng officer wants to verify its authentcity, such an officer can also verify its authentcity and may download and use the downloaded copy for aAestng bonds.

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

11.03.2025 Jyot-II Whether reportable: No. order/judgment. 5

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 01.03.2025 Pronounced on: 11.03.2025 Kulwinder Singh @ Kinda ...Pettoner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Harnanak Singh, Advocate for Mr. Avtar Singh Bha&, Advocate, for the pettoner. Mr. Adesh Pal Singh, AAG, Punjab. ****