Gurcharan Singh @ Toti Doctor v. State of Punjab

ANOOP CHITKARA, J. FIR No. Dated Police Sta3on Sec3ons 68 24.08.2023 Bhadaur, Disti. Barnala 304, 34 IPC

¶1The pettoner incarcerated in the FIR captoned above had come up before this Court under Secton 483 of Bharatya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.

¶2In paragraph 13 of the bail petton and as per paragraph 8 of the status report, the accused has the following criminal antecedents: Sr. No. FIR No. Dated Offenses Police Sta3on

¶140 18.08.2018 21 of NDPS Act Sehna, Disti. Barnala

¶243 22.06.2022 22 of NDPS Act Sehna, Disti. Barnala

¶326 16.06.2024 22 of NDPS Act Sehna, Disti. Barnala

¶3The facts and allegatons are being taken from the status report filed by the State, which reads as follows: "2. That the present FIR was registered on the statement of Simranjit Singh @ Sunny Gill, on the allega ons that he is doing agricultural work for the last 7-8 years, that he used to consume intoxicant substance occasionally that he has also receiving de-addic on treatment from Civil Hospital Barnala. On 20.08.2023, at about 1.30, he was present near Tehsil Bhadaur when Baljit Singh son of Darshan Singh of his village met him, who is also habitual of consuming intoxicant substance and they order/judgment. 1 both decided for substance abuse on that day. That he used to purchase the intoxicant substance from present pe oner Gurcharan Singh, who is resident of Tutra Pa2, Sehna. They met the pe oner at Sehna and purchased a Bit of intoxicant substance for sum of Rs.500/-. That while they were returning, on way as they were desirous of consuming more intoxica ng substance, Baljit Singh in order to procure the same made phone call from mobile no.89687-xxxxx to mobile no.77173-xxxxx. That therea7er Baljit Singh told him that the said person is from village Nangal and used to sell intoxicant substance. That therea7er they reached village Nangal where one person came present and Baljit Singh purchased half grams (Chita) intoxicant substance from him for sum of Rs.1500/-. That therea7er they reached on pavement of drain, Majhuke Road, Bhadaur where they injected the intoxicant substance into their arms, however Baljit Singh became unconscious and the complainant made an effort to make him conscious. When Baljit Singh regained consciousness, he dropped Baljit Singh at his house and therea7er on next day, he came to know that due to overdose, Baljit Singh has died. On this statement, present FIR was registered against the pe oner and an unknown person."

¶4The 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.

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

¶6It would be appropriate to refer to the following portons of the status report, which read as follows: "ROLE OF THE PETITIONER:

¶5That the present pe oner is ac vely involved in the grave offences related to drug peddling. The same is evident from his criminal antecedents which reflect that he is involved in other mul ple cases of similar nature and more so is convicted in two such cases. Thus in the present case as detailed out by the complainant the cause of death is on account of overdose of drug which was supplied by the present pe oner impu ng the knowledge of the graver consequence which may be fatal to the person consuming the drugs supplied by the pe oner. Hence ingredients of offence under Sec 304 IPC is clearly made out. order/judgment. 2 EVIDENCE AGAINST THE PETITIONER:

¶6That during inves ga on of the present case, ex Panchayat member namely Nirmal Singh @ Nimma s/o Jarnail Singh and Surjit Singh s/o Mukand Singh both resident of Majhuke Road, Bhadaur got recorded their statements to the effect that both of them are involved in agriculture occupa on and are neighbors of deceased Baljeet Singh s/o Darshan Singh. That further they stated that they have warned the present pe oner many mes not to supply intoxicants in their area, but the pe oner con nued his criminal ac vi es of supplying drugs; hence the deceased Baljeet Singh consumed intoxicants a7er buying it from pe oner and it resulted fatal for him."

¶7There is sufficient primafacie evidence connectng the pettoner with the alleged crime. However, pre-trial incarceraton should not be a replica of post-convicton sentencing. As per paragraph 6 of the bail petton, the pettoner has been in custody since 24.07.2024. As per custody certficate dated 05.01.2025, the pettoner's total custody in this FIR is five months and thirteen days. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegatons, and the other factors peculiar to this case, there would be no justfiability further pre-trial incarceraton at this stage.

¶8Without 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. This order shall come into force from the tme it is uploaded on this Court's official webpage.

¶9Given above, provided the pettoner is not required in any other case, the pettoner shall be released on bail in the FIR captoned above subject to furnishing bonds to the satsfacton of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before acceptng the surety, the concerned Court must be satsfied that if the accused fails to appear, such surety can produce the accused.

¶10While furnishing a personal bond, the pettoner shall menton the following personal identficaton details:

¶1AADHAR number

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

¶3Mobile number (If available) order/judgment. 3

¶4E-Mail id (If available)

¶11This order is subject to the pettoner's complying with the following terms.

¶12The 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.

¶13This 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.

¶14Any observaton made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶15A 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 atiest it to be a true copy. If the atiestng officer wants to verify its authentcity, such an officer can also verify its authentcity and may download and use the downloaded copy for atiestng bonds.

¶16Pe33on allowed in terms mentoned above. All pending applicatons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

13.01.2025 Jyot-II Whether reportable: No. order/judgment. 4

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 07.01.2025 Pronounced on: 13.01.2025 Gurcharan Singh @ Tot Doctor ...Pettoner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Vivek Singla, Advocate, for the pettoner. Mr. Akshay Kumar, AAG, Punjab. ****