Punjab-Haryana High Court
Gurdeep Singh @ Kali Shooter vs State Of Punjab on 30 August, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2024:PHHC:112851
CRM-M-29240-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-29240-2024
Reserved on: 02.08.2024
Pronounced on: 30.08.2024
Gurdeep Singh @ Kali Shooter ...Pe oner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Ni n Meel, Advocate,
for the pe oner.
Mr. Sukhdev Singh, AAG, Punjab.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Sta/on Sec/ons 101 02.06.2023 City Jalalabad, Dis/. Fazilka 399, 402 IPC and Sec ons 25, 27, 54 and 59 of Arms Act.
1. The pe oner incarcerated in the FIR cap oned above, has come up before this Court under Sec on 439 CrPC seeking bail.
2. In paragraph 8 of the bail applica on, the accused declares the following criminal antecedents:
Sr. No. FIR No. Dated Offenses Police Sta/on 1. 9 25.01.2019 379 and 411 IPC Mamdot 2. 127 07.11.2019 379 and 411 IPC Mamdot 3. 17 05.03.2019 379 and 411 IPC Mamdot 4. 164 29.06.2022 25 of Arms Act Guruharsahai 5. 229 07.10.2022 21 of NDPS Act Sadar Ferozepur 6. 51 08.08.2023 279 and 337 IPC Bariwala 7. 122 03.10.2020 21 of NDPS Act Special Task Force, SAS Nagar 8. 173 03.10.2020 307 IPC Mamdot 9. 23 16.02.2020 21 of NDPS Act City Jalalabad 10. 78 18.04.2022 399 and 411 IPC and Guruharsahai Arms Act 11. 10 31.01.2023 506 and 336 IPC Guruharsahai 12. 156 24.09.2021 25 of Arms Act Sadar Ferozepur 1 1 of 5 ::: Downloaded on - 01-09-2024 03:32:08 ::: Neutral Citation No:=2024:PHHC:112851 CRM-M-29240-2024
3. The facts of the case are being taken from reply dated 12.07.2024 filed by concerned Deputy Superintendent of Police, which read as follows:
"4.(a) That the present FIR was registered against the pe oner, Sahil Kamboj son of Sandeep Kumar resident of village Sukkad Chak, Giani son of not known resident of Jamma Rakhia (Mamdot), Karamjeet Singh alias Kami son of Baaj Singh resident of Parbhat Singh Wala alias Subaj Ke, Lovepreet Singh alias Lovely son of Satnam Singh resident of Budho Ke and Lovely alias Sakeel son of Jangir Singh resident of Dhab Khushal Joyia as per secret informa on that the above named persons are involved in various criminal offences including dacoity. It was further informed by the secret informer that on 02.06.2023 at around 10.49 PM, the pe oner along with five other accused named above are present in the area of Ferozepur-Fazilka road while being armed with deadly weapons and are planning to commit dacoity. If a raid is conducted, the said persons can be apprehended red handed. On the basis of such informa on and considering the same to be credible, FIR No.101 dated 02.06.2023 under sec ons 399 IPC and 27 Arms Act at police sta on, City, Jalalabad.
(b) That as per said statement, a raid was conducted at the reported site where co- accused Sahil Kamboj was apprehended by police at the spot and a USA made Pistol alongwith four live cartridges was recovered whereas the pe oner and other co-accused succeeded in fleeing away from the spot. Said pistol, cartridges and a motor cycle make Hero Splender Plus, bearing chassis No.MBLHA10EWF4F0447 and Engine No.HF10EWF4F04476 was taken into police custody as per law."
4. Counsel for the pe oner seeks bail on the grounds that similarly placed co- accused Sahil Kamboj, who had criminal history of five cases, was granted bail by a co- ordinate Bench of this Court vide order dated 24.01.2023 passed in CRM-M-38773-2023 and to other similarly placed co-accused. He further submits that number of cases against the pe oner is more but the cases against co-accused Sahil Kamboj were more serious, as such, criminal history should not be taken as a ground to deny him bail. 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. State counsel opposes the bail on the grounds of massive criminal history.
6. An analysis of the above said arguments would lead to the outcome that 2 2 of 5 ::: Downloaded on - 01-09-2024 03:32:09 ::: Neutral Citation No:=2024:PHHC:112851 CRM-M-29240-2024 although the pe oner's name has an alias "Kali Shooter" which suggests according to the society that he is fond of shoo ng but this Court is also bound by the jurisprudence shoo ng from Ar cle 14 of the Cons tu on of India which emanates principle of parity on the basis of equality before law. Given above, the pe oner is en tled to bail on the ground of parity with co-accused Sahil Kamboj and coupled with his custody of 10 months and 06 days is clear cut and subject to the following condi ons, the pe on is allowed.
7. As per custody cer ficate dated 01.08.2024, the pe oner has been in custody since 26.09.2023 and his total custody in this FIR is 10 months and 06 days. 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 for further pre-trial incarcera on at this stage, subject to the compliance of terms and condi ons men oned in this order.
8. 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.
9. 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 concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep ng the surety, the concerned Court must be sa sfied that if the accused fails to appear, such surety can produce the accused.
10. 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 a/es ng officer/court considers it appropriate or considers the accused a flight risk.
3. Mobile number (If available)
4. E-Mail id (If available)
11. 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 3 3 of 5 ::: Downloaded on - 01-09-2024 03:32:09 ::: Neutral Citation No:=2024:PHHC:112851 CRM-M-29240-2024 case or dissuade them from disclosing such facts to the Police or the Court.
12. 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 a/empt 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 Bha/ v. The State of Madhya Pradesh, 2021:INSC:192, 2021 SCC Online SC 230.
13. 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 acqui/al. 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, 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 fiOeen 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 acqui/al 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.
14. Given the nature of the allega ons and the other circumstances peculiar to this case, the pe oner shall not enter the vic m's property, workplace, and residence 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 a/empt 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 Bhat v. The State of Madhya Pradesh, 2021:INSC:192, 2021 SCC Online SC 230.
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 4 4 of 5 ::: Downloaded on - 01-09-2024 03:32:09 ::: Neutral Citation No:=2024:PHHC:112851 CRM-M-29240-2024 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 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 ng bonds.
Pe//on 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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