Gurdas Singh Alias Manak v. State Of Haryana
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CRM-M-5242-2023 Date of Decision: 20.03.2023 GURDAS SINGH ALIAS MANAK
...Petitioner
Versus
STATE OF HARYANA
...Respondent
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :
Mr. D.S. Virk,Advocate for the petitioner.
Mr. AmrikNarwal, D.A.G., Haryana.
HARSH BUNGER, J. (ORAL)
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!-0 / 0 0 ! Pre arrest bail is a discretionary relief and is to be granted in exceptional cases and not in routine. It is meant to save the innocent persons from harassment and inconvenience and not to screen the culprits from custodial interrogation. The facts, which are to be taken into consideration to determine such entitlement of petitioner/accused to the
relief are quite distinct and different. Hon'ble the Apex Court in Shobhan Singh Khanka vs State of Jharkhand 2012(2) RCR (Criminal) 535, had enumerated those factors, which are as under :- (i) The nature and gravity of the accusation;
(ii) The antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence;
(iii) The possibility of the applicant to flee from justice; and (iv) Whether the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested.
As per the status report, the petitioner has no clear antecedents as he is involved in four more cases, which are as under :- Sr.
No.
FIR No./Date Under Sections Police Station 34/2020 8/21/29 of the NDPS Act TalwaraJheel, District Hanumangarh.
188/2021 8/21 of the NDPS Act TalwaraJheel, District Hanumangarh.
373/2021 8/21 of the NDPS Act Pilibanga, District Hanumangarh.
247/2010 16/54 of the Rajasthan Excise Act TalwaraJheel, District Hanumangarh
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-: *! In case of State represented by the C.B.I. Versus Anil Sharma, 1997(4) R.C.R.(Criminal) 268,Hon'ble Apex Court had observed
that custodial interrogation is qualitatively more elicitation orientated than questioning a suspect who is on anticipatory bail, in a case like this interrogation of suspected person is of tremendous advantage in getting useful information. Custodial interrogation of the petitioner is definitely required for complete and effective investigation to find out as to from where he had procured the contraband and who all are involved in this crime. In case custodial interrogation of the petitioner is denied to the investigating agency that would leave many loose ends and gaps in the investigation affecting the investigation being carried out adversely which is not called for.
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! March 20, 2023 (HARSH BUNGER) gurpreet JUDGE Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No