Punjab-Haryana High Court
Birbal Singh @ Bali Singh vs State Of Punjab on 30 August, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2024:PHHC:112838
CRM-M-28391-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-28391-2024
Reserved on: 05.08.2024
Pronounced on: 30.08.2024
Birbal Singh @ Bali Singh ...Pe oner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Narinder Singh Kamboj, Advocate,
for the pe oner.
Mr. Malkiat Singh, DAG, Punjab.
****
ANOOP CHITKARA, J.
GDR/DD No. Dated Police Sta2on Sec2ons 70 16.04.2024 City Kotakpura, 452, 323, 506, 148, 149 IPC Dis1. Faridkot in FIR No. Dated Police Sta2on Sec2ons 71 16.04.2024 City Kotakpura, 307, 341, 506, 148, 149 Dis1. Faridkot IPC and 25, 27, 54, 59 of Arms Act
1. The pe oner apprehending arrest in the FIR cap oned above has come up before this Court under Sec on 438 CrPC, seeking an cipatory bail.
2. In paragraph 7 of the bail pe on, the accused declares that he has no criminal antecedents.
3. The prosecu on's case is being taken from status report dated 15.07.2024 filed by the concerned Deputy Superintendent of Police, which reads as follows:-
That it is respec ully submi ed that on receipt of copy of order dated 30.05.2024 by this Hon'ble Court, the deponent has discussed the ma er with the S.H.O. Police Sta%on City Kotkapura, District Faridkot and a*er discussion and perusal of record, it has been revealed that the complainant Shawanpal Singh son of Charanjit Singh son of Shingara Singh r/o Kashmiriyan Wala Mohalla, Near Sarsa Dera, Kotkapura suffered statement to the following effect:-1
1 of 7 ::: Downloaded on - 01-09-2024 00:59:39 ::: Neutral Citation No:=2024:PHHC:112838 CRM-M-28391-2024 "..Statement of Shawanpal Singh son of Charanjit Singh son of Shingara Singh resident of Kashmiriyan Wala Mohalla Near Sarsa Dera, Kotakpura aged about 23 years Mob no. 81949- 91965, stated that I am resident of above said address and doing house work. On dated 15.04.2024 at about 08:00 PM I was coming back a*er having bow at Baba Shiv Mandir of Baba Kabal shah when I was going in between the Chaki of the Akalian and Kiryana shop of the Sachdeva in the street then my friend Mani Singh son of Shinder Singh met me on the way. We started talking when I about to le* from the place then Rahul Langa came out from the house of Happy Lungi in the street of Happy Mehra and from the Endavour car colour white parked in front of shop of Sachdeva Ram Vehniwal resident of Wara Draka, Ravel Singh @ Ravela son of Balkar Singh resident of Vada Draka, Akshay Kumar @ Sunny son of Manjitpal resident of Kotakpura armed with baseball; BhaC Wasi Dhakka Bas% Kotakpura armed with Dasta and3-4 unknown persons resident of Dhakka Bas% they are also armed with baseball has come out from the car and come to my side then Rahul Langa has shouted Lalkara and said that today you will not be spared. We let you know to help Money Singh son of Shinder Singh resident of Kotakpura, All of them has encircled me. Then Akshya Kumar has given hit of his baseball on me that hit my back then BhaC resident of Kotakpura has hit his armed Dasta to me that hit my back. I fell down then all of them has beaten me while I was lying on ground and has given blow in my stomach. When I ran away a*er leaving them, then Ravel Singh @ Ravel and Ram Veniwal has taken out armed pistol from their Dabs and fired on me with an inten%on to kill me. Then one fire hit me while running on right side of my back and I fell down and they have fired 3-4 more, then a*er hearing the fire sown the people of the Mohalla has gathered. A*er seeing the gathering of the people all of them has fled away from the spot with their weapons on Endeavour vehicle. In the mean%me my parents has come on the spot and my father Charanjit Singh a*er arranging vehicle has got admi ed in Civil Hospital, Kotakpura.
Where I was refer to Guru Gobind Singh Hospital, Faridkot where I am under treatment the bone of conten%on is that 4/5 days earlier all of these are having fight with my friend Mony Singh son of Shinder Singh resident of Kotakpura who was working with Vicky Bollywood Photographer Kotakpura. I have helped him. Having this 2 2 of 7 ::: Downloaded on - 01-09-2024 00:59:40 ::: Neutral Citation No:=2024:PHHC:112838 CRM-M-28391-2024 bone of conten%on all of these in connivance with each other has a acked me and has fired with an inten%on to kill me. Strict Legal ac%on may be taken against them. Statement has got recorded to you and it is heard and it is correct. Sd/ Sawanpal Singh." Accordingly, on the basis of aforesaid statement, case FIR No.71 dated 16.4.2024 Under Sec%ons 307, 341, 506, 148, 149 IPC and U/s 25, 27, 54, 59 of Arms Act, P.S. City Kotkapura, District Faridkot was registered against (1) Rahul Langa (2) Ram Vehniwal (3) Ravel Singh @ Ravela (4) Akshay Kumar @ Sunny and (5) BhaC. However, during inves%ga%on, on the basis of supplementary statement made by the complainant Shawanpal Singh, the persons namely (1) Harpreet Singh @ Chinni (2) Rahul alias Bundi (3) Inderjeet Singh (4) Harpreet Singh @ Vicky have been nominated as an accused on 24.4.2024.
4.That it is respec ully submi ed that on 16.4.2024, ASI Sukhjeet Singh, P.S. City Kotkapura has gone along with police officials in connec%on with inves%ga%on of FIR no. 71 dated 16/04/2024 u/s 307, 341, 506, 148, 149 IPC u/s 25, 27, 54, 59 Arms Act police sta%on City Kotkapura to GGS Medical Hospital Faridkot and therea*er he was present in Police Sta%on City Kotakpura, then the accused namely Ashish @ BhaC son of Jaspal Singh son of Roop Singh resident of Baba Jeevan Singh Gali no. 3 Kotakpura, aged about 21 years was arrested and detained in the Police Sta%on, then Harcharan Singh @ Happy son of Gulzar Singh suffered statement to the following effect:-
Statement of vic%m Harcharan Singh @ Happy Langi son of Guljar Singh son of Bachan Singh resident of Kashmirian Wala Mohalla Kotakpura aged about 33 years Mob no. 89689-76618 vide MLR no. 53/VMXKP/2024 dated 15/04/2024 stated that I am resident of the above said address and doing labour job. On dated 15.04.2024 at about 08:30 PM I was in my house then there was sound of stone in the street and there was some quarrel then I came out of my house to see and when I reached near to my gate then Tota @ Rahul, Teerath Singh, Gagga sons of Shauki Singh resident of Kotakpura, Nado son of Bur Singh resident of Kotakpura armed with baseball, Bali Singh son of not known resident of Nayian Wali Bas% Kotakpura armed with Kirpan, Raju Dana son of not known resident of Kotakpura armed with Kirpan and 6-7 unknown persons has entered my house and Bali Singh shouted that today we will let you know to 3 3 of 7 ::: Downloaded on - 01-09-2024 00:59:40 ::: Neutral Citation No:=2024:PHHC:112838 CRM-M-28391-2024 li* the %me of our friend Sharnpal Singh son of Charanjeet Singh resident of Mohalla Kashmirian Wala. By saying say Raju Dano has given his kirpan blow to me and the same was hit my ear and then second %me Bali Singh a acked me with his Kirpan and in order to prevent the same I put my le* hand forward and the Kirpan hit my le* hand. Then I fell down on the ground and all of them started bea%ng me while lying down. They have punched me on my back and stomach and I started screaming MARTA MARTA on hearing my scream my brother Gurcharan Singh has tried to save me from them and Tote alias Rahul son of Sechi Singh has taken out kirpan from Raju Dano a acked my brother Gurcharan Singh which hit my brother on mouth, nose and lips. My brother and I screamed MARTA MARTA following which a group of people started gathering out of our house. Seeing which all of them ran away along with their weapons and s%ll kept threatening to kill us while they were running away. Then our neighbor Labh Singh son of Kala Singh resident of Kotakpura arranged the vehicle and took my brother and me to Civil Hospital Kotakpura and got us admi ed there. There I am undergoing treatment. The bone of conten%on is that some%mes earlier there was fight taken place and there was shot was fired on the Shavanpal Singh son of Charanjit Singh resident of Kashmiriyan Wala Mohalla Kotakpura. Following the same grudges they have a acked me and my brother a*er entering our house and caused us injuries. Necessary legal ac%on be taken against them...."
Accordingly, on the basis of aforesaid statement, cross case bearing GDR/DD No.70 dated 16.04.2024, Under Sec%ons 452, 323, 506, 148, 149 IPC has been registered. As per MLR, Harcharan Singh @ Happy Langa son of Guljar Singh son of Bachan Singh has suffered total four injuries, as is clear from the copy of MLR, ANNEXURE R-1 and injury No.3 is a ributed to the present pe%%oner.
4. The 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 their family.
5. The State opposes bail and refers to para 5 to 7 of the status report, which read as follows:
5. That it is respec ully submi ed that the injury /role a ributed to the present pe%%oner includes:-4
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(i) Pe%%oner Birbal Singh @ Bali raised Lalkara.
(ii) Pe%%oner gave Kirpan blow on the person of Harcharan Singh @ Happy and when Harcharan Singh @ Happy in order to prevent the blow raised his le* hand, then the kirpan blow hit on his le* hand.
(iii) Pe%%oner has ac%vely par%cipated in the crime.
6. That it is respec ully submi ed that the evidence against the present pe%%oner includes :-
i. The complainant Harcharan Singh @ Happy specifically stated that the pe%%oner Birbal Singh @ Bali raised lalkara and the pe%%oner is armed with kirpan and a acked him.
7. That it is respec ully submi ed that the custodial interroga%on of the pe%%oner is required on following reasons:-
i. The recovery of Kirpan i.e. used in the crime is yet to be effected from the pe%%oner Birbal Singh @ Bali.
ii. The custodial interroga%on of Birbal Singh Bali is required to ascertain the whereabouts of other accused persons involved in the incident and also for the recovery of the weapons used in the crime. iii. The acquisi%on against the present pe%%oner are serious in nature and the custodial interroga%on of the pe%%oner is necessary to unravel the truth.
6. The allega ons against the pe oner are for the offences which are far less than in the cross-case that was registered against the opposite party.
7. The 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.
8. Given the above, the penal provisions invoked coupled with the prima facie 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, subject to the compliance of terms and condi ons men oned in this order. Given the penal provisions invoked viz-a-viz pre-trial custody, 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 pre-trial incarcera on at this stage, subject to the compliance of terms and condi ons men oned in this order.
9. 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 5 5 of 7 ::: Downloaded on - 01-09-2024 00:59:40 ::: Neutral Citation No:=2024:PHHC:112838 CRM-M-28391-2024 for bail. This order shall come into force from the me it is uploaded on this Court's official webpage.
10. Given 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 ma1er 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.
11. While furnishing a personal bond, the pe oner shall men on the following personal iden fica on details:
1. AADHAR number
2. Passport number (If available) and when the a1es ng officer/court considers it appropriate or considers the accused a flight risk.
3. Mobile number (If available)
4. E-Mail id (If available)
12. This order is subject to the pe oner's complying with the following terms. The 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.
13. Given the nature of the allega ons and the other circumstances peculiar to this case, the pe oner shall not enter the property, workplace, and residence of the vic m un l the statements of all non-official and informal witnesses in the trial are recorded.
This Court is imposing this condi on to rule out any a1empt by the accused to incapacitate, influence, or cause any discomfort to the vic m. Reference be made to Vikram Singh v Central Bureau of Inves ga on, 2018 All SCR (Crl.) 458); and Aparna Bha1 v. The State of Madhya Pradesh, 2021:INSC:192, 2021 SCC Online SC 230.
14. Given the background of allega ons against the pe oner, it becomes paramount to protect the vic m, and their family members, as well as the members of society, and incapacita ng the accused would be one of the primary op ons un l the filing of the closure report or discharge, or acqui1al. Consequently, it would be appropriate to restrict the possession of firearm(s). [This restric on is being imposed based on the preponderance of evidence of probability and not of evidence of certainty, 6 6 of 7 ::: Downloaded on - 01-09-2024 00:59:40 ::: Neutral Citation No:=2024:PHHC:112838 CRM-M-28391-2024 i.e., beyond reasonable doubt; and as such, it is not to be construed as an intermediate sanc on]. Given the nature of the allega ons and the other circumstances peculiar to this case, the pe oner shall surrender all weapons, firearms, and ammuni on, if any, along with the arms license to the concerned authority within fiMeen days from release from prison and inform the Inves gator about the compliance. However, subject to the Indian Arms Act, 1959, the pe oner shall be en tled to renew and take it back in case of acqui1al in this case, provided otherwise permissible in the concerned rules. Restric ng firearms would ins ll confidence in the vic m(s), their families, and society; it would also restrain the accused from influencing the witnesses and repea ng the offense.
15. The condi ons men oned above imposed by this court are to endeavor to reform and ensure the accused does not repeat the offense and also to block the menace of drug abuse. In Mohammed Zubair v. State of NCT of Delhi, 2022:INSC:735 [Para 28], Writ Pe on (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 condi ons imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be propor onal to the purpose of imposing them. The courts, while imposing bail condi ons must balance the liberty of the accused and the necessity of a fair trial. While doing so, condi ons that would result in the depriva on of rights and liber es must be eschewed."
16. Any observa on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.
17. A 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 a1est it to be a true copy. If the a1es 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 a1es ng bonds.
18. Pe22on allowed in terms men oned above. All pending applica ons, if any, stand disposed of.
(ANOOP CHITKARA)
JUDGE
30.08.2024
Jyo -II
Whether speaking/reasoned: Yes
Whether reportable: No.
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