Amritpal Singh v. State of Punjab

ANOOP CHITKARA, J. FIR No. Dated Police Station Sections 13 06.06.2024 GRP Abohar 306, 506, 34 IPC

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

¶3Vide order dated 01.10.2024, the pettoner was granted interim bail, which is contnuing tll date.

¶4The facts of this case are being taken from the translated copy of FIR annexed with the bail petton as Annexure P-1, which reads as follows: "Statement of Sarabjit Kaur wife of Late Sarwan Singh, House No. 776, Street No. 09, Ward No. 21, Harjinder Nagar, Malout, Police Sta&on City Malout, District Sri Muktsar Sahib, aged about 44 years Mobile No. 94635-xxxx, Stated that I am resident of above address and I am a house wife. My husband Sarwan Singh was Truck Driver for the Truck 'Ghoda' of Amritpal Singh son of Dharam Singh resident of Bodiwala Kharak Singh who does work of Commission Agent 'Aarhat' in City Malout. Tyres of order/judgment. 1 truck of my husband got burst due to which my husband was beaten by truck owner Amritpal Singh and his brother and one driver who is named Baba and resident of Burj Sidhwa. Because of this my husband used to remain troubled from 03-04 days. Today morning at about 03:22 AM my husband called my nephew Gurpreet Singh on his mobile number 98770-xxxxx from his own mobile number 89685-xxxxx and said that I am at train track and upon saying this suddenly the phone got disconnected. I shouted and me and my nephew and Gurpreet and some persons of neighbourhood went to train track and we saw that dead body of Sarwan Singh was lying on train track and train was stopped. In the mean&me, police personnel also arrived on the incident site and they searched the clothes of Şarwan Singh in our presence and in le; pocket of lower one suicide note was found wherein my husband has wri<en that I, Sarwan Singh son of Karnail Singh resident of Harjinder Nagar, Near Baba Prem Dass, Street Baba Karnail Wali which is in name of my father and today I am going to do suicide. That the reason for this is three persons, first name is Amritpal Singh Wading who is commission agent 'aarh&' and is owner of sheller, 2. Brother of Wading, 3. Driver named Baba who is resident of Burj Sidh. That they have 2 trucks 'ghode' and I started driving their truck and I kept on driving for 25 days. I drove their truck for 20 days before rice 'jhona' season and 05 days during the season and 2 tyres got burst due to some pit hole containing water with some sharp object or stone due to which they caused bea&ng to me in the sheller and they started demanding Rs.12000/- and I requested them and saved my life and these 03 persons did not spare me and they came to house for 2 &mes and said to my brother Pragat Singh that they will &e me and take me to sheller and said foul words. They caused bea&ng to me for 2 &mes during wheat 'kanak' season and I took 20 days &me from them and saved my life and they started giving me threats on phone that we will take you to sheller and we will make you life our bags 'bori' and they insulted me earlier for 02 &mes and removed my turban 'dastar' and insulted my hairs 'kesh' and they hurl lot of abuses on phone. That his phone is of Amritpal Wading and number is 98155-xxxxx and I stopped answering to his calls and switched off phone. They are responsible for my death. These 3 persons may be punished appropriately so that no other innocent person has to conduct suicide and these 3 persons are reason for my suicide. That they have caused injus&ce with me and it should not happen with anyone else. These 3 persons have given lot of troubles and order/judgment. grief to me due to which I am going to commit suicide and punishment of my death be given to these 3 persons. Whenever I used to start driving truck of some other owner then they used to visit there and insult me and beat me and they used to get me removed from that vehicle and those owners also used to get scared and punishment of my death be given to these 3 persons so that my family can live peacefully. My name is wri<en in Sarwan Singh and in English Sarvan Singh and in Punjabi Sarwan Singh. My husband has ended his life a;er being troubled from Amritpal Singh commission agent 'aarh&' and his brother unknown and Baba Driver. Legal ac&on be taken against them."

¶5The pettoner's counsel prays for bail by imposing any stringent conditons. The pettoner's counsel argued that the custodial investgaton would serve no purpose whatsoever and the pre-trial incarceraton would cause an irreversible injustce to the pettoner and family.

¶6The State's counsel opposes bail and refers to the reply.

¶7It would be appropriate to refer to the following portons of the status report, which reads as follows:

¶3xxxxxx Allega&ons leveled in the suicide note are that deceased Sarwan Singh husband of the complainant Sarabjit Kaur was doing job as driver at the truck of Amritpal Singh (pe&&oner/accused). Two tyres of the truck got burst due to some pit hole containing water with some sharp object or stone. Due to which Amritpal Singh (Pe&&oner/accused) and co-accused beat deceased Sarwan Singh and they demanded Rs.12000/-from the deceased and beat him two &mes during the wheat season. Gave threats on phone and insulted two &mes. Removed turban and insulted the hairs of the deceased and abused on phone. The last words of the deceased are, "These three persons have given lot of troubles and grief to me, due to which I am going to commit suicide and punishment of my death be given to these persons. However, detailed suicide note men&oned in the FIR has already been annexed as Annexure P-1 (page 9-12) by the pe&&oner with the pe&&on. Further proceeding was conducted at the spot. REASONING:

¶8There is sufficient primafacie evidence connectng the pettoner with the alleged offense; stll, it is neither a case for custodial interrogaton nor pre-trial incarceraton. order/judgment. 3 Although 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 the same for the bail stage.

¶9The pettoner was granted interim protecton, and during the interregnum, there is no allegaton that he had intmidated the witnesses, hampered the investgaton, or, despite being called to join the investgaton, did not appear before the investgator. Given the above, there would be no justficaton to discontnue the interim protecton, which is made absolute subject to the pettoner complying with the terms of the bail order and the following additonal conditons. CONDITIONS:

¶10The pettoner is directed to join the investgaton within seven days and as and when called by the Investgator. The pettoner shall be in deemed custody for Secton 27 of the Indian Evidence Act. 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.

¶11Given the background of allegatons against the pettoner, it becomes paramount to protect the complainant, witnesses, and members of society, and incapacitatng the accused would be one of the primary optons untl the filing of the closure report or discharge, or acquiHal. Consequently, it would be appropriate to restrict the possession of firearm(s). [This restricton is being imposed based on the preponderance of evidence of probability and not of evidence of certainty, i.e., beyond reasonable doubt; and as such, it is not to be construed as an intermediate sancton]. Given the nature of the allegatons and the other circumstances peculiar to this case, the pettoner shall surrender all weapons, firearms, and ammuniton, if any, along with the arms license to the concerned authority and inform the Investgator about the compliance. However, subject to the Indian Arms Act, 1959, the pettoner shall be enttled to renew and take it back in case of acquiHal, provided otherwise permissible in the concerned rules. Restrictng firearms would instll confidence in the victm(s), their families, and society; it would also restrain the accused from influencing the witnesses and repeatng the offense.

¶12Given the nature of the allegatons and the other circumstances peculiar to this case, the pettoner shall not enter the victm's property, workplace, and residence untl order/judgment. 4 the statements of all non-official and informal witnesses in the trial are recorded. This Court is imposing this conditon to rule out any aHempt by the accused to incapacitate, influence, or cause any discomfort to the victm. Reference be made to Vikram Singh v Central Bureau of Investgaton, 2018 All SCR (Crl.) 458); and Aparna Bhat v. The State of Madhya Pradesh, 2021:INSC:192, 2021 SCC Online SC 230.

¶13The conditons mentoned above imposed by this court are to endeavor to reform and ensure the accused does not repeat the offense. In Mohammed Zubair v. State of NCT of Delhi, 2022:INSC:735 [Para 28], Writ Petton (Criminal) No 279 of 2022, Para 29, decided on July 20, 2022, A Three-Judge bench of Hon'ble Supreme Court holds that "The bail conditons imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be proportonal to the purpose of imposing them. The courts, while imposing bail conditons must balance the liberty of the accused and the necessity of a fair trial. While doing so, conditons that would result in the deprivaton of rights and libertes must be eschewed."

¶14The 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.

¶15Any observaton made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶16Petition allowed in terms mentoned above. Interim order dated 01.10.2024 is made absolute. All pending applicatons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

20.02.2025 Jyoti-II Whether reportable: No. order/judgment. 5

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 15.02.2025 Pronounced on: 20.02.2025 Amritpal Singh ...Pettoner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Shobit Phutela, Advocate (through V.C.) and Mr. Jashanpreet Singh Marwaha, Advocate, for the pettoner. Mr. Jasjit Singh, DAG, Punjab. ****