Jasmeet Singh Minor Thr Natural Guardian / Father Hazara Singh v. State of Punjab

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

06.06.2024 Sadar Gurdaspur 323, 324, 326, 458, 148, 149 IPC arising out of FIR No.59 dated 14.05.2024 under Sec ons 323, 324, 458, 427, 148, 149 IPC registered at Police Sta on Sadar Gurdaspur

¶1The pe

oner apprehending arrest in the FIR cap oned above has come up before this Court under Sec on 482 of Bhara ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an cipatory bail.

¶2In paragraph 15 of the bail pe

on, the accused declares that he has no criminal antecedents.

¶3The facts and allega ons are being taken from the status report filed by the State, which reads as follows: "5. That it is humbly submied that the brief facts of this case are that the complainant Jagjit Singh son of Baldev Singh resident of Daburi, Tehsil and District Gurdaspur got recorded his statement to ASI Bakhshish Singh of Police Sta&on Sadar Gurdaspur on 14.05.2024 that on 13.05.2024 at about 5.00 PM, he came to know that Malkit Singh son of Sulakhan Singh had received certain injuries in the fight with Resham Singh and he took him to Civil Hospital, Gurdaspur. However, at about 9/10 PM, Resham Singh along with Kaka son of Balwant Singh @ Billa, Pritam Singh son of Dalip Singh, Balwant Singh son of Dalip Singh, Palwinder Singh son of Gurjit Singh all resident of Village Khokhar Rajputan, Dilraj Singh son of Fauja Singh resident of Village Hemrajpur and two unknown persons forcibly entered in the premises of Civil Hospital Gurdaspur who were armed with deadly weapons. They went inside the emergency room and Resham Singh gave da:ar blow towards him which hit his le8 arm. Therea8er Kaka son of Balwant Singh gave da:ar blow on Sukhwinder Singh on his forehead and Pritam Singh son of Dalip Singh gave da:ar blow to Sukhwinder Singh on his head. Sukhwinder Singh fell down on the ground and Balwant Singh, Dilraj Singh and Palwinder Singh gave bea&ngs to him with iron rods and baseball sluggers. When complainant tried to save him, Dilraj Singh also gave rod blow on his back. As per the allega&ons of the complainant, the accused persons also damaged the property of the hospital."

¶4The pe!!oner's counsel prays for bail by imposing any stringent condi!ons and contends that further pre-trial incarcera!on would cause an irreversible injus!ce to the pe!!oner and his family.

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

¶6It would be appropriate to refer to the following por!ons of the status report, which read as follows: "10. That it is per&nent to men&on here that Resham Singh son of Kashmir Singh resident of Village Khokhar Rajputan got recorded his statement to ASI Bakhshish Singh of Police Sta&on Sadar Gurdaspur on 06.06.2024, wherein he alleged that on 13.05.2024, he was admi:ed in Civil Hospital, Gurdaspur and in the meanwhile Malkit Singh, Jasmeet Singh minor (Pe&&oner), Davinder Singh and Sukhwinder Singh all armed with da:ar/rods alongwith Kulwant Singh who was empty handed came there. As per his allega&ons, Kulwant Singh raised a lalkara to teach him a lesson for picking up fight with them upon which Malkit Singh gave da:ar blows on his right hand and le8 thumb. Therea8er, Jasmeet Singh (Pe&&oner) gave da:ar blow to him which hit on his le8 wrist. A8er that Davinder Singh gave da:ar blow on his right arm and Sukhwinder Singh picked order/judgment. 2 wiper lying there in the hospital and hit him with the same on his le8 arm. He raised alarm upon which they all ran away from the spot and therea8er he was shi8ed to Amandeep Hospital, Amritsar. The injury report of Resham Singh has been received from Amandeep Hospital, Amritsar vide No.AH/MAY/SR/120 dated 31.05.2024, six injuries were men&oned. Injuries No. 1, 2 & 3 were grievous in nature and injuries No. 4, 5 & 6 simple in nature. As per the MLR and statement of Resham Singh, a cross case under sec&on 323/324/326/458/148/149 IPC was registered against 1) Malkit Singh, 2) Jasmit Singh (Pe&&oner), 3) Davinder Singh, 4) Sukhwinder Singh and 5) Kulwant Singh in the above said case FIR No. 59/2024 (supra) vide G.D. No. 21 dated 06.06.2024. During the inves&ga&on, the co-accused Davinder Singh, Kulwant Singh and Sukhwinder Singh have been joined the inves&ga&on in this case on

15.07.2024 by the order of Ld. Court. The co-accused Malkit Singh has been arrested in this case on 04.08.2024.

¶11ROLE OF THE PETITIONER:- It is humbly submi:ed that Jasmeet Singh (Pe&&oner) gave da:ar blow to Resham Singh which hit on his le8 wrist. The injury No. 2 is a:ributed to the pe&&oner and grievous in nature.

¶12EVIDENCE AGAINST THE PETITIONER:- That it is humbly submi:ed that the sufficient evidence against the pe&&oner i.e. statement of the complainant in cross case."

¶7There are cross-versions, and it would not be easy to accept either of them as credible at this stage, but that depends upon the conclusion of the inves!ga!on.

¶8Pre-trial incarcera!on should not be a replica of post-convic!on sentencing. The evidence might be prima facie sufficient to launch prosecu!on or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of an!cipatory bail. An analysis of the above does not jus!fy custodial interroga!on or pre-trial incarcera!on.

¶9Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allega!ons, age of the pe!!oner and the other factors peculiar to this case, there would be no jus!fiability for custodial interroga!on or the pre-trial incarcera!on at this stage.

¶10Without commen!ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men!oned above, the pe!!oner makes a case order/judgment. 3 for bail. This order shall come into force from the me it is uploaded on this Court's official webpage.

¶11Given above, provided the pe

oner is not required in any other case, the pe

oner shall be released on bail in the FIR cap oned above subject to furnishing bonds to the sa sfac on of the Arres ng Officer, and if the maHer is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep ng the surety, the concerned Officer/Court must be sa sfied that if the accused fails to appear, such surety can produce the accused.

¶12The 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 pe

oner shall be in deemed custody for Sec on 27 of the Indian Evidence Act, 1872/ Sec on 23 of BSA, 2023. The pe

oners shall join the inves ga on as and when called by the Inves ga ng Officer or any Superior Officer and shall cooperate with the inves ga on at all further stages as required. In the event of failure to do so, the prosecu on will be open to seeking cancella on of the bail. During the inves ga on, the pe

oner shall not be subjected to third-degree, indecent language, inhuman treatment, etc.

¶13In case the Inves gator/Officer-In-Charge of the concerned Police Sta on arraigns another sec on of any penal offense in this FIR, and if the new sec on prescribes a maximum sentence that is not greater than the sec ons men oned above, then this bail order shall be deemed to have also been passed for the newly added sec on(s). However, suppose the newly inserted sec ons prescribe a sentence exceeding the maximum sentence prescribed in the sec ons men oned above; then, in that case, the Inves gator/Officer-In-Charge shall give the pe

oner no ce of a minimum of seven days, providing an opportunity to avail the remedies available in law.

¶14During bail, the pe

oner's parents shall be responsible for his desirable behavior.

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

¶16A cer fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe

oner 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 aHes ng officer wants to verify its authen city, such an officer can also verify its authen download and use the downloaded copy for aHes ng bonds.

¶17Petition allowed in terms men oned above. All pending applica ons, if any, stand disposed of. (ANOOP CHITKARA)

28.11.2024 JUDGE Jyoti-II

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 12.11.2024 Pronounced on: 28.11.2024 Jasmeet Singh (minor) through Natural Guardian/Father Hazara Singh ..Pe oner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Neeraj Kalair, Advocate, for the pe oner. Mr. Jasjit Singh, DAG, Punjab. Mr. Rajesh Kapila, Advocate and Ms. Himani Kapila, Advocate, for the complainant. ****