Karanbir Singh Alias Karan v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of Decision: 28.02.2025 Karanbir Singh @ Karan
...Petitioner
Versus
State of Punjab
...Respondent
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Mr. Amit Arora, Advocate for the petitioner.
Mr. Adesh Pal Singh, A.A.G., Punjab.
**** ANOOP CHITKARA, J.
FIR No.
Dated Police Station Sections 10.04.2024 Majitha, District Amritsar Rural 379 B (2) IPC and 25, 27 of Arms Act (Section 411, 201 IPC and 28 of Arms Act added later on and 25, 27 of Arms Act deleted) 1.
The petitioner incarcerated in the FIR captioned above came before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.
2.
Per paragraph 15 of the bail application and custody certificate, the accused has the following criminal antecedents:
Sr. No.
FIR No.
Date Offenses Police Station 1.
23.03.2024 379-B (2) IPC Majitha 2.
08.01.2025 22/61/85 of NDPS Act Islamabad 3.
The facts and allegations are being taken from translated version of FIR, which reads as follows:
"Statement of Jasbir Singh son of Gopal Singh resident of Shopcum Flat No.9/10 opposite Guru Nanak Dev University Post Office Khalsa College, Kabir Park Colony Amritsar aged about 76 years Mobile No.94648-04087. It is stated that I am resident of abovementioned address and has retired as Senior XEN from Electricity Department and today I on my Activa scooter bearing No.PB02DZ5519 was going from my house towards my old house at village Bhangwa and was going on the road alongside the railway line and at about 4:30 PM I was at about distance of one and a half kilometre from railway crossing Majitha Dadupura on village Bhangwa side
and then from my backside two motorcycles having three person came and on one motorcycle one person was sitting and on the second motorcycle two persons were sitting. That they threatened me and ask me to stop and I out of fear stopped my Activa scooter and all the three person after taking out their respective pistols pointed the same towards me and stated that whatever valuables are with me the same be handed over to them. That one person out of them took out iPhone 15 from my pocket of my shirt which was having SIM No.9056488119 and they started searching the bag which I was holding around my neck and from the both pockets of my bag they took out one mobile phone make OPPO having SIM No.
94648-04087 and from the second pocket took out my purse which was containing 6,000 rupees in cash, my driving licence, ATM cards and the RC of the aforesaid Activa scooter and other documents. That all the three aforesaid persons snatched my all aforesaid articles from me and went towards village Bhangwa side. That I was coming to give information to you at the Police Station and you met me. Thus, I have got recorded my statement before you which has been read over and same is admitted to be true. Thus, action may kindly be taken." 4.
The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.
5.
The State's counsel opposes bail.
6.
There is sufficient primafacie evidence connecting the petitioner with the alleged crime. However, pre-trial incarceration should not be a replica of post-conviction sentencing.
7.
Per paragraph 8 of the bail petition, the petitioner has been in custody since 11.04.2024. Per the custody certificate dated 27.02.2025, the petitioner's total custody in this FIR is 10 months and 13 days.
8.
Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegations and the other factors peculiar to this case, there would be no justifiability for further pre-trial incarceration at this stage. 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. This order shall come into force from the time it is uploaded on this Court's official webpage.
10.
Given above, provided the petitioner is not required in any other case, the petitioner shall be released on bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Court must be satisfied that if the accused fails to appear, such surety can produce the accused.
11.
While furnishing a personal bond, the petitioner shall mention the following personal identification details:
1.
AADHAR number 2.
Passport number (If available) and when the attesting 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 petitioner's complying with the following terms. 13.
The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioner 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.
14.
This bail is conditional, and the foundational condition is that if the petitioner indulges in any non-bailable offense, the State shall file an application for cancellation of this bail before the Sessions Court, which shall have the liberty to cancel this bail. 15.
Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 16.
A certified copy of this order would not be needed 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. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. 17.
Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of.
(ANOOP CHITKARA) JUDGE 28.02.2025 Whether speaking/reasoned: Yes Whether reportable:
No.