Davinder Singh Alias Davinder Kumar Alias Raja v. State of Punjab

ANOOP CHITKARA, J. FIR No. Dated Police Station Sections

16.01.2025 Dinanagar, District Gurdaspur 331 (4) and 305 of BNS

¶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.

¶2Per paragraph 9 of the bail application and per paragraph 13 of the status report filed by the State, the accused has the following criminal antecedents: Sr. No. FIR No. Date Offenses Police Station

22.08.2022 379-B(2)/411/34 IPC Sadar Pathankot, District Pathankot

09.05.2024 379-B(2)/411/34 IPC Nangal

Bhoor, District Pathankot

¶3The facts and allegations are being taken from the status report filed by the State, which reads as follows: "5. That it is humbly submitted that the brief facts of this case are that the complainant namely Jagdish Parkash s/o Om Parkash r/o Bhatoa, Police Station Dinanagar has Got recorded his statement to ASI Naresh Kumar of Police Station Dinanagar on 16.01.2025 that on the intervening night of

11.01.2025 and 12.01.2025 some persons broke open the lock of the garments shop namely Poshaak Readymade Garments of the complainant and took away 148 pieces of jackets, 40 pieces of tracksuits, 70 pieces of trousers, 10 pieces of purses, 70 pieces of perfumes, 55 pieces of jeans pants, 50 pieces of T-shirts, 10 pairs of shoes, 1 Woofer Speaker and 20,000 cash from the counter of the shop. The complainant lodged the FIR on 16.01.2025 wherein he mentioned that he has come to know that Akash son of Buta Masih, Ajay son of Manohar Lal, Davinder Kumar @ Raja son of Iqbal Singh and one more person have committed the said theft, Hence, a case FIR No. 14 dated 16.01.2025 under section 331(4),305 BNS Police Station Dinanagar has been registered against 1) Petitioner, 2) Akash, 3) Ajay and one unknown person."

¶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 status report.

¶6It would be appropriate to refer to the following portions of the status report, which read as follows: "Role of the petitioner That it is humbly submitted that the petitioner has committed theft and as per disclosure statement of co-accused Ajay and Akash, all the stolen articles, except recovered from co-accused Ajay and Akash, are in possession of the petitioner and his companion."

¶7Pre-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.

¶8Given 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.

¶9Without 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. This order shall come into force from the time it is uploaded on this Court's official

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

¶12The 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 and he shall cooperate in recovery of stolen articles. 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.

¶13In 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.

¶14It is clarified that if the petitioner violates any bail condition, the State and/or the victim may file an application for bail cancellation before the trial court, which shall be competent to cancel the bail or add more conditions. Furthermore, if the petitioner moves for deletion or dilution of any bail conditions, the trial court is empowered to do so.

¶15This bail is conditional, and the foundational condition is that if the petitioner

indulges in any non-bailable offense, the State shall file an application for cancellation of this bail before the Sessions Court, which shall have the liberty to cancel this bail.

¶16Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶17A 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.

¶18Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

25.03.2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 18.03.2025 Pronounced on: 25.03.2025 Davinder Singh @ Davinder Kumar @ Raja ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. K.S.Dhillon, Advocate for the petitioner. Mr. Sukhdev Singh, AAG, Punjab. ****