Shingara Singh v. State of Punjab

ANOOP CHITKARA, J. FIR No. Dated Police Station Sections 0075 10.09.2024 Taragarh, Dis+. Pathankot 115 (2), 299, 3 (5) of BNS

¶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 16 of the bail pe!!on, the accused declares that he has no criminal antecedents.

¶3The facts and allega!ons are being taken from the translated copy of FIR, annexed with the pe!!on, a+ached as P-1, and the relevant por!on reads as follows: "Statement of Lakhwinder Singh son of Dalbir Singh resident of Dhoopsari Jaswan, police sta-on Taragarh, district Pathankot aged about 35 years mobile number 73476-xxxx, stated that I am a resident of the said address and I recite Akhand Path Sahib and perform the du-es of Granthi. On the date 09.09.2024 the -me will be around 7.30 AM, that I and my wife Daljit Kaur had gone to get the grass feed for the ca2le in our grass heap store and we both were cu3ng the grass feed, at that -me Shingara Singh son of Harnam Singh, Kulwant Singh son of Harnam Singh, Damanpreet Singh son of Kulwant Singh, Darbari Singh son of Harnam Singh resident of Dhoopsari Jaswan a2acked me and my wife with their weapons, Kulwant Singh son of Harnam Singh hit me with his hand held da2ar which hit on order/judgment. 1 my le5 ear and then Shingara Singh son of Harnam Singh a2acked on me with his hand held Dang which hit my right wrist. My wife Daljit Kaur came forward to rescue me, so his men hit her and then Damanpreet Singh son of Kulwant Singh a2acked on me with his hand held dagger which hit on my head. While leaving, Darbari Singh took my mobile brand OPPO in which there was five thousand rupees in cash of mine was lying. During the fight, my wife's gold earring also fell at that place. Prior to this, on 08.09.2024 at around 12:00 o'clock in the day -me, all the said persons had taken off my turban and my father Dalbir Singh's PARNA (type of turban) in the village street and also taken off my SHRI SAHIB (small kirpan) and thrown at the dirty place and also injured my father. I have submi2ed the photo copy of the MLR of mine and my father Dalbir Singh. So far the prudent people has been trying to made compromise between us which has not been come to conclusion yet. xxx xxx "

¶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: "5. xxx xxx A. Role of the Pe--oner :- That on 09.09.2024 at about 07:30 AM the pe--oner along with Kulwant Singh S/o Harnam Singh, Damanpreet Singh S/o Kulwant Singh, Darbari Singh S/o Harnam Singh all residents of Village Jaswan Dhupsari a2acked upon Lakhwinder Singh and his wife namely Daljeet Kaur with their weapons. In the a2ack, Shangara Singh hit the complainant Lakhwinder Singh on his right wrist with his Daang. Further during the a2ack by other assailants and the pe--oner, the turban of Lakhwinder Singh and of his father Dalbir Singh was taken off. The assailants further took off the Shri Sahib of the injured and threw it at a dirty place. The Pe--oner took ac-ve part on the complainant and his family members. B. The Evidence against the Pe--oner :- A5er the registra-on of FIR, Dalbari Singh and Kulwant Singh were arrested in the present case and Darbari Singh got recovered the mobile order/judgment. 2 phone make -OPPO from his house, which was taken away by the peoner and the assailants during a2ack. The Medico Legal Reports of Dalbir Singh and Lakhwinder Singh were also obtained by the invesgang officer as an evidence against the peoner."

¶7Pre-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.

¶8The Police did not arrest the pe

oner; if they intended to arrest the pe

oner, it was not impossible. A perusal of the status report does not point out the steps taken to arrest the accused.

¶9Given 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.

¶10Given 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 ma+er 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.

¶11While 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 a+es ng 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 pe

oner's complying with the following terms.

¶13The peoner is directed to join the invesgaon 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 Invesgator. 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 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.

¶14The 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.

¶15In 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.

¶16This 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.

¶17Any observa on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶18A 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 a+est it to be a true copy. If the a+es 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 a+es

¶19Petition 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 Shingara Singh ...Pe!!oner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. G.P.S. Pathania, Advocate for the pe!!oner. Mr. Jasjit Singh, DAG, Punjab. ****