Jora Singh Gill v. State of Punjab

ANOOP CHITKARA, J. FIR No. Dated Police Station Sections 90 04.07.2018 Ghall Khurd Disti. 324, 323, 506, 148, 149 IPC (Sec!ons Ferozepur 325, 326 IPC added later on) and Sec!ons 25, 27 of Arms Act

¶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 13 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: "4. That the brief facts of the case are that the complainant Balbir Singh owned land measuring 33 kanal 1 marla in village Ferozeshah. Out of the said land measuring 33 kanal 1 marla, the khasra girdawri of land measuring 27 kanal 14 marla comprised of Rect no.108, killa no.19/2(3-8) 20(8-0) 21(7-16) Rect no.109 killa no.16/1(1-0) Rect no.114 killa no.17(7-10) is recorded in the name of Jagsir Singh son of Bahadar Singh and khasra girdawri qua land measuring 5 kanal 7 marla comprised of Rect no.42 killa no.3(5-7) is recorded in the name of Gursewak Singh, Satnam Singh sons of Ujjagar Singh. It was further pleaded that the complainant is in cul5va5ng possession of the en5re land. It was further pleaded that the complainant were preparing for plan5ng paddy, then Jagsir Singh son of order/judgment. 1 Mangal Singh armed with .12 bore Gun, Jora Singh (present pe55oner) armed with Dang, Gurpreet Singh alias Gopi son of Jagsir Singh armed with Dang, Harbans Singh son of Bhag Singh armed with Dang, Gurmej Singh son of Bhag Singh armed with Dang, Kulwant Singh son of Bhag Singh, who was having Tractor Mahindra DI 265 came there and Gursharan Singh son of Kulvir Singh was also having Tractor 855 came to their fields. Jora Singh (present pe55oner) raised Lalkara to apprehend them i.e. complainant party. In the mean5me, Harbans Singh gave Gandasa blow to the complainant and the la=er raised his right hand to save him, which fell on his thumb. Jagsir Singh threatened him with his .12 bore gun, Gurpreet Singh and Gurmej Singh also caused injuries to Gursewak Singh and Nirmal Singh with their Dang. There is order of status quo regarding the land by the Court. The accused caused injuries to complainant party with inten5on to take possession of their land. On the basis of above stated statement of complainant and medical report, case under Sec5ons 324, 323, 506, 148, 149 IPC and Sec5on 25/27/54/59 of Arms Act have been registered against the accused persons."

¶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 reply.

¶6It would be appropriate to refer to the following por!ons of the status report, which read as follows: "10. That one cross version was also registered vide rapat no.23 dated

04.07.2018 u/s 324, 323, 506, 148, 149 IPC and 25, 27, 54, 59 Arms Act PS: Ghall Khurd on the statement of Gursharan Singh son of Kuilbir Singh, resident of Ferozeshah, District Ferozepur against Balbir Singh son of Bahadar Singh, Satnam Singh son of Ujjagar Singh, Gursewak Singh son of Ujjagar Singh, Nirmal Singh son of Banta Singh, Jagsir Singh son of Bahadar Singh, Harjinder Singh son of Surinder Singh, Manraj Singh son of Gursewak Singh. Later-on, during inves5ga5on of the cross version, it was found to be false and as such the cross version was cancelled on

04.04.2019."

¶7The incident is more than six years old. order/judgment. 2

¶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.

¶9The Police did not arrest the pe!!oner; if they intended to arrest the pe!!oner, it was not impossible. A perusal of the reply does not point out the steps taken to arrest the accused.

¶10Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allega!ons 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. Without 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 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 an!cipatory bail in the FIR cap!oned above subject to furnishing bonds to the sa!sfac!on of the Arres!ng Officer, and if the matier 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.

¶12While furnishing a personal bond, the pe!!oner shall men!on the following personal iden!fica!on details:

¶1AADHAR number

¶2Passport number (If available) and when the aties!ng officer/court considers it appropriate or considers the accused a flight risk.

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶13This order is subject to the pe!!oner's complying with the following terms.

¶14The pe55oner is directed to join the inves5ga5on as and when called by the Inves5gator, if s5ll inves5ga5on is pending; in case challan is filed, join the proceedings before the trial Court. 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!!oner shall join the inves!ga!on as and when called by the Inves!ga!ng Officer or any Superior Officer andJYOTI order/judgment. 3 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.

¶15The pe!!oner shall abide by all statutory bond condi!ons and appear before the concerned Court(s) on all dates. The pe!!oner 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.

¶16In 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.

¶17This bail is condi!onal, and the founda!onal condi!on is that if the pe!!oner indulges in any non-bailable offense, the State may file an applica!on for cancella!on of this bail before the Sessions Court, which shall be at liberty to cancel this bail.

¶18Any observa!on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶19A 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 atiest it to be a true copy. If the aties!ng officer wants to verify its authen!city, such an officer can also verify its authen!city and may download and use the downloaded copy for aties!ng bonds.

¶20Petition allowed in terms men!oned above. All pending applica!ons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

28.11.2024/Jyoti-II order/judgment. 4

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 11.11.2024 Pronounced on: 28.11.2024 Jora Singh Gill ...Pe!!oner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Puneet Kumar Bansal, Advocate for the pe!!oner. Mr. Akshay Kumar, AAG, Punjab. ****