Punjab-Haryana High Court
Gurpal Singh vs State Of Punjab on 2 March, 2023
Author: Avneesh Jhingan
Bench: Avneesh Jhingan
Neutral Citation No:=
CRM-M-3389 of 2022 and connected cases [1]
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Date of decision: 2nd March, 2023
(1) CRM-M-3389 of 2022
Gurdit Singh
Petitioner
Versus
State of Punjab
Respondent
(2) CRM-M-52213 of 2022
Gurpal Singh
Petitioner
Versus
State of Punjab
Respondent
(3) CRM-M-8979 of 2022
Gurpreet Singh alias Gopi Baba
Petitioner
Versus
State of Punjab
Respondent
CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN
Present: Mr. Sukhmeet Singh, Mr. P. S. Sekhon and Mr. J.S. Warring,
Advocates for the petitioners.
Mr. I. S. Mann, DAG, Punjab.
****
AVNEESH JHINGAN, J (Oral):
This order shall dispose of the above-mentioned three petitions as the same arise out of one FIR.
1 of 9 ::: Downloaded on - 04-06-2023 11:04:55 ::: Neutral Citation No:= CRM-M-3389 of 2022 and connected cases [2] These petitions are filed seeking regular bail in FIR No. 201 dated 12.12.2020 under Sections 399 and 402 IPC (Sections 400 and 411 IPC added later on) and Section 25 of the Arms Act, 1959, registered at Police Station Jaitu District Faridkot.
Learned counsel for the petitioners claim parity with co- accused Simranjit Singh @ Simar who was granted bail by this court on 27.9.2022 in CRM-M-37911 of 2022.
On 27.9.2022, this Court passed the following order:
FIR No. Dated Police Station Sections
201 12.12.2020 Jaitu, District 399,402,411,400
Faridkot IPC and 25 of
Arms Act
(Section 411 vide
DDR No. 37 on
14.12.2020 and
Section 400 vide
DDR No. 25 on
8.2.2021 added
later on)
1. The petitioner, incarcerating upon his arrest in the FIR captioned above, came up before this Court under Section 439 of Code of Criminal Procedure, 1973 (Cr.P.C) seeking bail.
2. In paragraph 12 of the bail petition, the accused declares that he has no criminal antecedents.
3. Based on the prior information about the petitioner and his gang trying to break an ATM, the police was able to nab the petitioner and accomplices, along with tools to cut ATM machines.
4. Ld. Counsel for the petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.
5. Ld. counsel representing the State opposes bail.
2 of 9 ::: Downloaded on - 04-06-2023 11:04:55 ::: Neutral Citation No:= CRM-M-3389 of 2022 and connected cases [3] REASONING:
6. As per the custody certificate, the petitioner is in custody since 18-12-2020. Given the petitioner's age just 21, which are formative years of life, coupled with the pre-trial custody of more than one year and nine months, on the ground of prolonged incarceration and young age, the petitioner is entitled to bail, subject to the compliance of terms and conditions mentioned in this order. Furthermore, the petitioner is a first offender, and one of the relevant factors would be to provide an opportunity to course -correct.
7. In Gurbaksh Singh Sibbia v State of Punjab, 1980 (2) SCC 565, (Para 30), a Constitutional Bench of Supreme Court held that the bail decision must enter the cumulative effect of the variety of circumstances justifying the grant or refusal of bail. In Kalyan Chandra Sarkar v Rajesh Ranjan @ Pappu Yadav, 2005 (2) SCC 42, (Para 18) a three-member Bench of Supreme Court held that the persons accused of non-bailable offences are entitled to bail if the Court concerned concludes that the prosecution has failed to establish a prima facie case against him, or despite the existence of a prima facie case, the Court records reasons for its satisfaction for the need to release such person on bail, in the given fact situations. The rejection of bail does not preclude filing a subsequent application. The courts can release on bail, provided the circumstances then prevailing requires, and a change in the fact situation. In State of Rajasthan v Balchand, AIR 1977 SC 2447, (Para 2 & 3), Supreme Court noticeably illustrated that the basic rule might perhaps be tersely put as bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like by the petitioner who seeks enlargement on bail from the Court. It is true that the gravity of the offence involved is likely to induce the petitioner to
3 of 9 ::: Downloaded on - 04-06-2023 11:04:55 ::: Neutral Citation No:= CRM-M-3389 of 2022 and connected cases [4] avoid the course of justice and must weigh when considering the question of jail. So also, the heinousness of the crime. In GudikantiNarasimhulu v Public Prosecutor, (1978) 1 SCC 240, (Para 16), Supreme Court held that the delicate light of the law favors release unless countered by the negative criteria necessitating that course. In Prahlad Singh Bhati v NCT, Delhi, (2001) 4 SCC 280, Supreme Court highlighted one of the factors for bail to be the public or the State's immense interest and similar other considerations. In Dataram Singh v State of Uttar Pradesh, (2018) 3 SCC 22, (Para 6), Supreme Court held that the grant or refusal of bail is entirely within the discretion of the judge hearing the matter and though that discretion is unfettered, it must be exercised judiciously, compassionately, and in a humane manner. Also, conditions for the grant of bail ought not to be so strict as to be incapable of compliance, thereby making the grant of bail illusory.
8. The possibility of the accused influencing the investigation, tampering with evidence, intimidating witnesses, and the likelihood of fleeing justice, can be taken care of by imposing elaborative and stringent conditions. In Sushila Aggarwal, (2020) 5 SCC 1,Para 92, the Constitutional Bench held that unusually, subject to the evidence produced, the Courts can impose restrictive conditions.
9. Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail, subject to the following terms and conditions, which shall be over and above and irrespective of the contents of the form of bail bonds in chapter XXXIII of CrPC, 1973.
10. In Mahidul Sheikh v. State of Haryana, CRM-33030- 2021 in CRA-S-363-2020, decided on 14-01-2022, Para 53, [Law Finder Doc Id # 1933969], this Court observed, "[53]. The pragmatic approach is that while granting bail with sureties, the "Court" and the 4 of 9 ::: Downloaded on - 04-06-2023 11:04:55 ::: Neutral Citation No:= CRM-M-3389 of 2022 and connected cases [5] "Arresting Officer" should give a choice to the accused to either furnish surety bonds or to handover a fixed deposit, or direct electronic money transfer where such facility is available, or creating a lien over his bank account. The accused should also have a further option to switch between the modes. The option lies with the accused to choose between the sureties and deposits and not with the Court or the arresting officer."
11. Given above, provided the accused is not required in any other case, the petitioner shall be released on bail in the FIR mentioned above, subject to furnishing a personal bond of Rs. Ten thousand (INR 10,000/-) and shall furnish one surety of Rs. Twenty-five thousand (INR 25,000/-), to the satisfaction of the concerned Court/ Judicial Magistrate having the jurisdiction over the Police Station conducting the investigation, and in case of non-availability, any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the sureties, the concerned Court must satisfy that if the accused fails to appear in Court, then such surety is capable of producing the petitioner before the Court.
12. In the alternative, the petitioner may furnish a personal bond of Rs. Ten Thousand only (INR 10,000/-), and hand over to the concerned court a fixed deposit(s) for Rs. Ten Thousand only (INR 10,000/-), made in favour of Chief Judicial Magistrate of the concerned district. Said fixed deposit may be made from any of the banks where the stake of the State is more than 50%, or any of the well-established and stable private banks, with the clause of automatic renewal of the principal and the interest reverting to the linked account.
13. The fixed deposit need not necessarily be made from the applicant's account. If such a fixed deposit is made in physical form, i.e., on paper, then the original receipt shall be handed over to the concerned court. If made online, its printout, 5 of 9 ::: Downloaded on - 04-06-2023 11:04:55 ::: Neutral Citation No:= CRM-M-3389 of 2022 and connected cases [6] countersigned by the accused, shall be given; and the depositor shall get the online liquidation disabled. The applicant shall inform the concerned branch of the bank at the earliest that it has been tendered as surety. Such information be sent either by e- mail or by post/courier about the fixed deposit, whether made on paper or in any other mode, along with its number and FIR number. After that, the applicant shall hand over such proof and endorsement to the concerned police station. Such court shall have a lien over the deposit until the case's closure, or discharged by substitution, or up to the expiry of the period mentioned under S. 437-A CrPC, 1973, as the case may be. Subject to the proceedings under S. 446 CrPC, the entire amount of fixed deposit, less taxes, if any, shall be endorsed/returned to the depositor.
14. It shall be the total discretion of the applicant to choose between surety bonds and fixed deposits. It shall also be open for the applicant to apply to the investigator or the concerned court to substitute fixed deposit with surety bonds and vice-versa.
15. On the reverse page of personal bonds, the attesting officer shall mention the permanent address of the petitioner along with the phone number linked with the AADHAR card, the other phone numbers (if any), and e-mail (if any). In case of any change in the above particulars, the petitioner shall immediately and not later than 30 days from such modification, intimate about the change to the concerned Police Station and the concerned Court.
16. The petitioner to also execute a bond for attendance in the concerned Court(s), as and when asked to do so. The presentation of the personal bond shall be deemed acceptance of the following and all other stipulations, terms, and conditions of this bail order.
17. The petitioner shall not influence, browbeat, pressurize, make any inducement, threat, or promise, directly or 6 of 9 ::: Downloaded on - 04-06-2023 11:04:55 ::: Neutral Citation No:= CRM-M-3389 of 2022 and connected cases [7] indirectly, to the witnesses, the Police officials, or any other person acquainted with the facts and the circumstances of the case, to dissuade them from disclosing such facts to the Police, or the Court, or to tamper with the evidence.
18. Within fifteen days of release from prison, the petitioner shall procure a smartphone and inform its IMEI number and other details to the SHO/I.O. of the Police station mentioned above. The petitioner shall always keep the phone location/GPS on the "ON" mode. Whenever the Investigating officer asks to share the location, the petitioner shall immediately do so. The petitioner shall neither clear the location history, WhatsApp chats, call logs nor format the phone without permission of the concerned SHO/I.O. This condition shall continue till the completion of the trial or closure of case, whichever is earlier. If the petitioners fail to comply with this condition, then on this ground alone. In that case, the bail might be canceled, and the complainant may file any such application for the cancellation of bail, and State shall file the said application.
19. Given the nature of the allegations and the other circumstances peculiar to this case, the petitioner shall surrender all weapons, firearms, ammunition, if any, along with the arms license to the concerned authority within fifteen days from release from prison and inform the Investigator about the compliance. However, subject to the Indian Arms Act, 1959, the petitioner shall be entitled to renew and take it back in case of acquittal in this case, provided otherwise permissible in the concerned rules.
20. During the trial's pendency, if the petitioner repeats or commits any offence where the sentence prescribed is more than seven years or violates any condition as stipulated in this order, it shall always be permissible to the respondent to apply for cancellation of this bail. It shall further be open for any investigating agency to bring it to the notice of the Court seized 7 of 9 ::: Downloaded on - 04-06-2023 11:04:55 ::: Neutral Citation No:= CRM-M-3389 of 2022 and connected cases [8] of the subsequent application that the accused was earlier cautioned not to indulge in criminal activities. Otherwise, the bail bonds shall remain in force throughout the trial and after that in Section 437-A of the Cr.P.C., if not canceled due to non- appearance or breach of conditions.
21. The conditions mentioned above imposed by this court are to endeavour that the accused does not repeat the offence with a view to reform him, and to ensure the safety of the witnesses, victim, and their families. In Mohammed Zubair v. State of NCT of Delhi, Writ Petition (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 conditions imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be proportional to the purpose of imposing them. The courts while imposing bail conditions must balance the liberty of the accused and the necessity of a fair trial. While doing so, conditions that would result in the deprivation of rights and liberties must be eschewed."
22. Any Advocate for the petitioner and the Officer in whose presence the petitioner puts signatures on personal bonds shall explain all conditions of this bail order in any language that the petitioner understands.
23. If the petitioner finds bond amount beyond social and financial reach, it may be brought to the notice of this Court for appropriate reduction. Further, if the petitioner finds bail condition(s) as violating fundamental, human, or other rights, or causing difficulty due to any situation, then for modification of such term(s), the petitioner may file a reasoned application before this Court, and after taking cognizance, even to the Court taking cognizance or the trial Court, as the case may be, and such Court shall also be competent to modify or delete any condition.
24. Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court 8 of 9 ::: Downloaded on - 04-06-2023 11:04:55 ::: Neutral Citation No:= CRM-M-3389 of 2022 and connected cases [9] advert to these comments.
25. In return for the protection from incarceration, the Court believes that the accused shall also reciprocate through desirable behavior.
26. There would be no need for a certified copy of this order for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. In case the attesting officer wants to verify the authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.
Petition allowed in aforesaid terms. All pending applications, if any, stand disposed"
Learned counsel for the State though opposes the prayer for grant of bail, he is not in a position to distinguish the case of the petitioners qua the co-accused so far as grant of bail is concerned.
Without commenting on the merits of the case, considering the allegations, on the basis of parity of petitioners vis-a-vis co accused so far as grant of bail is concerned, the petitioners are granted bail subject to their furnishing bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate concerned and the conditions imposed by this court in the order date 27.9.2022 shall remain the same in these petitions.
The petitions are allowed.
Photocopy of the order be placed on the file of each connected case.
[AVNEESH JHINGAN] JUDGE 2nd March, 2023.
mk
1. Whether speaking/ reasoned : Yes / No
2. Whether reportable : Yes / No Neutral Citation No:= 9 of 9 ::: Downloaded on - 04-06-2023 11:04:55 :::