Hushiar Singh v. State of Punjab and Another

ANOOP CHITKARA, J. GD No. Dated Police Sta2on Sec2ons 24 10.09.2024 Amloh, District Fatehgarh Sahib 332-C, 115(2), 118, 190, 191(3), 109 of BNS, 2023 IN FIR No. Dated Police Sta2on Sec2ons 114 30.08.2024 Amloh, District Fatehgarh Sahib 115(2), 118, 351(2), 3(5) of BNS, 2023

¶1The pettoner apprehending arrest in the GD captoned above has come up before this Court under Secton 482 of Bharatya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking antcipatory bail.

¶2In paragraph 10 of the bail petton, the accused declares that he has no criminal antecedents.

¶3The facts and allegatons are being taken from the GD, which reads as follows: "At about this tme, Const. Baljeet Singh came present in Police Staton who stated as under and presented Roznamcha wri en by ASI Taranjeet Singh. The contents of which are, "statement of Harvir Singh son of Jaspal Singh resident of Bharpurgarh, Police Staton Amloh, District Fatehgarh Sahib aged about 30 years, 84371-xxxxx stated that I am resident of aforesaid address and does labour. Gurtej Singh son of Dharam Pal Singh resident of village Bharpurgarh, Police Staton Amloh, District Fatehgarh order/judgment. 1 Sahib is son of my Taya (uncle). On 29.08.2024 at about 6 PM me and Gurtej Singh and sukha son of Harmesh Singh, sunny son of Kulwant Singh who are my nephews were repairing the machine at the house of Gurtej Singh, then our neighbourer Bhagat Singh son of Hardev Singh resident of village Bharpurgarh, Police Staton Amloh, District Fatehgarh Sahib came at our residence who said to my brother Gurtej Singh that our electricity wire has been damaged and you mend that, then my brother Gurtej went to repair the same, then in the meantme Harpreet Singh son of Birbal Singh who is an private employee of Electricity Department came there who started arguing with our neighbourer Bhagat Singh. Then my brother tried to pacify Gurtej Singh from arguing that don't argue like this with an old man. On that they started arguing and Harpreet Singh le? from the spot. A?er sometme Harpreet Singh son of Birbal Singh resident of Kapoorgarh having Dah alongwith Iqbal Singh son of Birbal singh having armed "Barchha", Paramjeet Kaur wife of Birbal singh resident of Kapoorgarh, Jashanpreet Singh @ Manga son of Hoshiar Singh armed with axe, Hushiar Singh son of Pritam Singh armed with Sot, Baljeet Kaur wife of Hushiar Singh resident of Bharpurgarh, P.O. Amloh alongwith weapons came there with intenton to a ack on Gurtej Singh son of Dharampal Singh entered the house, then I tried to stop them, but Hushiar Singh gave Sot blow on my hand and a?er pushing me entered and Jashanpreet Singh @ Manga gave an axe blow on the le? side of the head of Gurtej Singh. Gurtej Singh fell down and while lying down, Harpreet Singh gave Gandasi blow on the right side of his head. Then Iqbal Singh @ Palli gave Barchha blow on the backside of the head of Gurtej Singh and all these three persons brought dragging Gurtej Singh outside and started beatng Gurtej singh, then Baljeet Kaur wife of Hoshiar Singh and Paramjeet Kaur wife of Birbal Singh started brick baBng, which struck at our tractor, which caused loss to tractor. In the meantme, me and my nephew Sunny, Sukha started raising 'Raula', then a?er hearing our cries and seeing the gathering of people, the above mentoned persons a?er their motorcycle leaving no. PB-13BG-6918 make Splendor ran away from the spot alongwith their weapons. Along these persons three, four more persons who took away them on this vehicle. If had the people did not gather there on hearing our cries and do not chase them they would have killed my brother Gurtej Singh. Then I took my brother in car bearing no. PB-21A-4995 make Zen and got admi ed him in G.H. Amloh, from where JYOTI he was referred to C.H. Fatehgarh Sahib a?er geBng first aid due to order/judgment. 2 several injuries. Then I took my brother Gurtej Singh to C.H. Fatehgarh Sahib where doctor a?er checking him referred my brother to C.H. Sector 32, Chandigarh where he is under treatment. The reason of grudge is that my brother was repairing the electricity wire of our neighbourer Bhagat Singh, due to which Harpreet Singh was arguing with Bhagat Singh and my brother was stopping him not to do such act. Due to which these aforesaid persons have given injuries to my brother Gurtej Singh for which he is under treatment at C.H. Sector 32 Chandigarh. My brother suffered severe injuries on head. My brother Gurtej Singh is not in a positon to give statement. The strict legal acton be taken against the aforesaid persons. Statement has been got recorded which is correct."

¶4Counsel for the pettoner has drawn a;enton of this Court to Annexure P-1 which is an FIR registered based on the pettoner's party and it reads as follows: "Statement of Jasanpreet Singh Manga son of Hoshiar Singh resident of Village Bharpurgarh, Police Staton Amloh aged about 20 years, 90416xxxxx. Stated that I am resident of above mentoned address. I am shepherd. Gurtej Singh son of Dharam Singh resident of Bharpurgarh resides near my house who is having sawmill, the people use together at their sawmill. Yesterday on 29.08.2024, I was standing outside my house with my father and at about 6.30 PM Gurtej Singh, Harvir Singh son of Jaspal Singh, Telu Ram son of Dharam and Sunny son of Kulwant Singh were standing in the street outside the sawmill, then Harpreet Singh son of Birbal Singh resident of Kapoorgarh came, who told Gurtej Singh don't put the electric latch, I have been sent by the Electricity Board to stop this. Then Gurtej Singh started argument with him, then me and my father Hoshiar Singh also went there. Then the father of Harpreet Singh named Birbal Singh and mother of Harpreet Singh named Paramjeet Kaur, who had gone to make prayer at Billu Peer Baba also reached there, where Gurtej Singh started abusing Harpreet Singh who was having kirpan in his hand and gave two blows of kirpan on the le? shoulder of Harpreet Singh. When and me my father Hoshiar Singh tried to rescue him, then Telu Ram gave Danda blow on my back and also gave Danda blow on my le? arm and Harvir Singh gave iron punch blow on the face of my father and Sunny gave Danda blows on his back. My father lost two teeth. Then Harvir Singh, Sunny etc. gave Danda blows on the both legs of Harpreet Singh. When Paramjeet Kaur mother of Harpreet and father Birbal Singh tried to JYOTI rescue, then all these persons gave injuries to both of them. Then Iqbal order/judgment. 3 Singh brother of Harpreet came and tried to rescue, then Gurtej Singh gave Kirpan blows on his head and all of them rained voice "Marta Marta". Then several people gathered there, who got us rescued. Then Gurpreet Singh son of Mewa Singh resident of Bharpurgarh etc. admi ed us in Civil Hospital Amloh for treatment. From where me and my father got treatment. Harpreet Singh and his mother Paramjeet Kaur have been referred to CH Sector 32. At the tme of rescuing, they had given injuries to Iqbal Singh. He is also admi ed in C.H. Fatehgarh Sahib. That all these persons gave threatening us to kill. The reason of grudge is that Harpreet Singh had stopped Gurtej Singh from the? of electricity. Due to which, they beaten us in out of rage. Acton be taken against them. xxx xxxx"

¶5The pettoner's counsel prays for bail by imposing any stringent conditons and contends that further pre-trial incarceraton would cause an irreversible injustce to the pettoner and his family.

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

¶7A perusal of both the FIR and G.D point towards contradictory and opposite version. Further, it would be appropriate to refer to para Nos.3 and 4 of the status report, which reads as follows: "3. That briefly, Jashanpreet Singh stated to the effect that:

(i) He works as a goat herder. The abovementoned Gurtej Singh lives near his house and operates a sawmill where people o?en gather. On 29-08-2024, around 6:30 PM, Jashanpreet was standing outside his house in the street with his father, Hushiar Singh (present pettoner). At that tme, Gurtej Singh, Harveer Sing, Telu Ram, and Sunny were standing in the street outside the sawmill. Then Harpreet Singh son of Birbal Singh arrived there and told Gurtej Singh not to commit electricity the? and stated that he had been sent by the electricity board to stop such practces. Gurtej Singh began arguing with Harpreet Singh. Jashanpreet and Hushiar Singh, approached them to intervene. Shortly therea?er, the father and mother of Harpreet Singh namely Birbal Singh and Paramjit Kaur, respectvely, who returning from paying obeisance at Billu Pir Baba, also arrived.

(ii) That Jashanpreet Singh further stated that therea?er Gurtej Singh armed with sword, began abusing Harpreet Singh and struck Harpreet Singh twice on his le? shoulder. When Jashanpreet and his father tried to intervene, Telu Ram hit Jashanpreet on his back with a stck and also order/judgment. 4 struck his le? arm. Harveer Singh hit Hushiar Singh (present pettoner) on the face with an iron punch, and Sunny struck him on the back with a stck, causing two of his teeth to break.

(iii) That Jashanpreet Singh further stated that Harveer Singh, Sunny, and others gave stcks blows on the legs of Harpreet Singh. When Harpreet Singh's mother, Paramjit Kaur and father Birbal Singh tried to protect him, they were also assaulted by the said accused. At that tme, Harpreet Singh's brother, Iqbal Singh, arrived and tried to intervene. Gurtej Singh struck Iqbal Singh on the head with a sword.

(iv) That Jashanpreet Singh further stated that the commoton drew a crowd and many people gathered, who eventually rescued the injured individuals. Jashanpreet and his father were admi ed to Civil Hospital, Amloh, for treatment. Harpreet Singh was referred to Sector 32, Chandigarh, and Paramjit Kaur, was also referred there. Iqbal Singh, who was injured while trying to intervene, was admi ed to Civil Hospital, Fatehgarh Sahib. The complainant Jashanpreet Singh stated the motve behind the assault is enmity arising from Harpreet Singh stopping Gurtej Singh from stealing electricity.

(v) That as per MLR of Jashanpreet Singh (complainant in FIR), he suffered 2 injuries with blunt weapon, out of which one was declared simple and other was kept for X-ray opinion.

(vi) That as per MLR of Hushiar Singh (present pettoner), he suffered 2 injuries with blunt weapon, one was kept for dental opinion and other was simple.

(vii) That as per MLR of Iqbal Singh, he suffered 5 injuries with blunt weapon, out of which injury no. 1 and 4 were kept for X-ray opinion, injury no.2 was kept for surgical opinion and injury no.3 and 5 were declared Simple.

(viii) That as per MLR of Paramjit Kaur, she suffered 3 injuries with blunt weapon, out of which injury no.1 was kept for surgical opinion, injury no. 2 was kept for X-ray and injury no.3 was declared Simple.

(ix) That as per MLR of Harpreet Singh, he suffered 6 injuries, injury no.2 and 3 were declared sharp and injury no.1, 4, 5 and 6 were declared blunt. Injury no.1 was kept for Surgical Opinion, injury no.2 was kept for X-ray Opinion and injury no.3, 4, 5 and 6 was declared Simple.

(x) That accordingly, on the basis of the statement and abovementoned MLRs, the abovementoned FIR was registered. JYOTI 4. That on the other hand, the facts leading to the registraton of GD order/judgment. 5 no.24 dated 10-09-2024 are that on 29-08-2024 informaton was received regarding the admission of injured Gurtej Singh son of Dharampal Singh at Civil Hospital, Amloh. When the police officials visited Civil Hospital Amloh, it was found that said Gurtej Singh was referred to GMCH Sector 32 Chandigarh. When the police party visited Gurtej Singh, he stated that he was not in fit conditon to record his statement. Therea?er, the brother of the Gurtej Singh namely Harvir Singh recorded his statement to the effect that:

(i) That he works as a laborer. Gurtej Singh son of Dharampal Singh is his cousin. On 29-08-2024, at about 6 PM, he, along with Gurtej Singh, and his (Harvir Singh's) nephews namely Sukha (son of Harmesh Singh), and Sunny (son of Kulwant Singh), were repairing a machine at the house of Gurtej Singh. At that tme, their neighbor, Baghel Singh, came to their house and informed Gurtej Singh that an electric wire at his residence was damaged and needed repair. Gurtej Singh went to fix the wire.

(ii) That Harvir Singh further stated that while repairing the wire, Harpreet Singh who works in a private capacity with the electricity department, arrived and started arguing with Baghel Singh. Gurtej Singh intervened and tried to stop Harpreet Singh, advising him not to argue disrespecQully with an elder. This led to an argument between them. Harpreet Singh then le? the spot but returned shortly armed with 'Dah' alongwith Iqbal Singh armed with a 'barcha'; Paramjeet Kaur; Jaspreet Singh alias Manga carrying a kulhari (axe); Hushiar Singh (present pettoner) armed with a stck; and Baljeet Kaur. They forcefully entered Gurtej Singh's house with the intent to a ack him.

(iii) That Harvir Singh further stated that when he tried to stop them, Hushiar Singh (present pettoner) struck Harvir Singh on the arm with a stck and pushed him aside. Jaspreet Singh alias Manga a acked Gurtej Singh with a handheld axe, striking him on the le? side of his head, causing him to fall to the ground. While Gurtej Singh was lying on the ground, Harpreet Singh struck the right side of the head of Gurtej Singh with a sickle, and Iqbal Singh struck the back of the head of Gurtej Singh with a barcha. Hushiar Singh (present pettoner), Jaspreet Singh and Harpreet Singh dragged Gurtej Singh outside and contnued assaultng him. xxx xxx"

¶8Thus, considering the injury a;ributed to the pettoner, it is not a case for order/judgment. 6 custodial interrogaton or pre-trial incarceraton.

¶9Pre-trial incarceraton should not be a replica of post-convicton sentencing. 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 it for the stage of antcipatory bail. An analysis of the above does not justfy custodial interrogaton or pre-trial incarceraton.

¶10Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allegatons and the other factors peculiar to this case, there would be no justfiability for custodial interrogaton or the pre-trial incarceraton at this stage.

¶11Without commentng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentoned above, the pettoner makes a case for bail.

¶12Given above, provided the pettoner is not required in any other case, the pettoner shall be released on bail in the GD captoned above subject to furnishing bonds to the satsfacton of the Arrestng 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 acceptng the surety, the concerned Officer/Court must be satsfied that if the accused fails to appear, such surety can produce the accused.

¶13While furnishing a personal bond, the pettoner shall menton the following personal identficaton details:

¶1AADHAR number

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

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶14This order is subject to the pettoner's complying with the following terms. The pettoner shall abide by all statutory bond conditons and appear before the concerned Court(s) on all dates. The pettoner 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.

¶15The pettoner is directed to join the investgaton within seven days of uploading order/judgment. 7 this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Investgator. The pettoner shall be in deemed custody for Secton 27 of the Indian Evidence Act, 1872/ Secton 23 of BSA, 2023. 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.

¶16Given the nature of the allegatons and the other circumstances peculiar to this case, the pettoner shall not enter the property, workplace, and residence of the victm untl the statements of all non-official and informal witnesses in the trial are recorded. This Court is imposing this conditon to rule out any a;empt 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 Bha; v. The State of Madhya Pradesh, 2021:INSC:192, 2021 SCC Online SC 230.

¶17Given the background of allegatons against the pettoner, it becomes paramount to protect the victm, and their family members, as well as the members of society, and incapacitatng the accused would be one of the primary optons untl the filing of the closure report or discharge, or acqui;al. 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 within fiKeen days from release from prison 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 acqui;al in this case, 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.

¶18The 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 order/judgment. 8 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."

¶19In case the Investgator/Officer-In-Charge of the concerned Police Staton arraigns another secton of any penal offense in this GD, and if the new secton prescribes a maximum sentence that is not greater than the sectons mentoned above, then this bail order shall be deemed to have also been passed for the newly added secton(s). However, suppose the newly inserted sectons prescribe a sentence exceeding the maximum sentence prescribed in the sectons mentoned above; then, in that case, the Investgator/Officer-In-Charge shall give the pettoner notce of a minimum of seven days, providing an opportunity to avail the remedies available in law.

¶20This bail is conditonal, and the foundatonal conditon is that if the pettoner indulges in any non-bailable offense, the State may file an applicaton for cancellaton of this bail before the Sessions Court, which shall be at liberty to cancel this bail.

¶21Any observaton made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶22A certfied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pettoner 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;estng officer wants to verify its authentcity, such an officer can also verify its authentcity and may download and use the downloaded copy for a;estng bonds.

¶23Pe22on allowed in terms mentoned above. All pending applicatons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

18.01.2025 Jyot-II Whether reportable: No. order/judgment. 9

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 13.01.2025 Pronounced on: 18.01.2025 Hushiar Singh ...Pettoner Versus State of Punjab and another …Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Ajay Pal Singh, Advocate, for the pettoner. Mr. Sukhdev Singh, A.A.G, Punjab. ****