Sukhpreet Singh Alias Sukhwinder Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision: February 28th, 2025 Sukhpreet Singh @ Sukhwinder Singh .....Petitioner

Versus

State of Punjab .....Respondent

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Gursimran Singh Bhatia, Advocate for the petitioner.

MANJARI NEHRU KAUL, J. (ORAL) Petitioner is seeking the concession of anticipatory bail in FIR No.267 dated 27.11.2024 under Sections 303(2), 341 (2), 317(2), 3(5) of the BNS, 2023, registered at Police Station Sadar, Amritsar, District Police Commissionerate.

2.

Learned counsel for the petitioner, inter alia, contends that the petitioner has been falsely implicated in the present case and was not even apprehended at the spot when the two co-accused were allegedly intercepted and apprehended by the police. He submits that in the circumstances, petitioner deserves to be extended the concession of anticipatory bail, more so when he is ready and willing to join investigation and cooperate with the investigating agency. 3.

Notice of motion.

4.

Mr. H.S. Deol, Senior Deputy Advocate General, Punjab, accepts notice on behalf of the respondent.

5.

Per contra, learned State counsel has vehemently opposed the prayer and submissions made by the counsel opposite.

-2Learned counsel has drawn the attention of this Court to the FIR, which has been annexed as Annexure P-1 and stands reproduced hereinunder: "To the SHO Police Station Sadar Amritsar Jai Hind today I ASI along with HC Inderjit Singh 2117, HC Baldev Singh 3392, PHG Atamjit 9513 along with laptop, printer on government vehicle no.

PB65-BG-5234 were patrolling in search of bad aliments and were present in the chowk Mustafabad when a secret informer came to me and gave information that 3 gentlemen namely Bikramjit Singh @ Binder s/o Amrik Singh R/o Village Bhalo Jala District Tarn Taran, Sukhpreet Singh S/o Tajinder Singh R/o Village Budha Theh, Beas and Akashdeep Singh @ Akash R/o Abadi Guru Nanak Pura Beas used to theft vehicles and thereafter they replaced the original number plate of the vehicle with forged number plates then sold the same stolen vehicle today also they have parked a stolen Bolero car with hen cage near the railway line Mustfabad Batala road and a trying the to open the lock of the hen cage if the raid is conduct then 3 of them can be apprehended with along with the Bolero with installed hen cage.

Thereafter I ASI discharged the secret informer and ahead towards the railway line Mustafabad and saw 3 persons were trying the open the lock of the cage in Bolero Car No.

PB02BL9373 who upon seeing the police party starting running then I ASI along with police officials chased them and apprehended one of them who disclosed his name as Bikramjit Singh @ Binder S/o Amrik Singh R/o Village Bhalo Jala, Police Station Berowal District Tarn Taran and the persons who succeed to ran away from the spot were namely Sukhpreet Singh S/o Tajinder Singh R/o Village Budha Theh, Police station Beas Amritsar and Akashdeep Singh @ Akash R/o Abadi Guru Nanak Pura Beas Amritsar accused Bikramjit Singh @Binder could not produce the documents regarding ownership of Bolero car and he disclosed that Sukhpreet Singh and Akashdeep Singh @ Akash had together stolen the said vehicle on 21.11.

-3the original number plat of Bolero bearing No. PB08CX3729 was removed and forged number plate bearing no. PB02BL9373 was fixed on the car so that the car cannot be identify and were going to sale the same at Amritsar. The forged number plate PB02BL9373 was removed and taken into police custody and the car along with cage were taken into police custody. The offence under sections 303 (2), 341 (2), 317 (2), 3 (5) BNS is made out, for registration of the FIR ruka is sent through PHG Atamjit Singh 9513 to the police station." 6.

Learned State counsel, on instructions, submits that a specific secret information had been received qua the involvement of all the accused including the petitioner in theft of vehicles; when the police party intercepted the accused, the petitioner managed to flee away from the spot and, therefore, he could not be arrested at the relevant time. In addition, the co-accused, who was apprehended at the spot following a secret information, categorically disclosed that it was the petitioner, who had accompanied him and fled away on seeing the police. It has also been brought to the notice of this Court that this is not the first time that the petitioner has been involved in a similar case of theft of vehicles. Learned State counsel submits that in the circumstances, it is evident that the petitioner is a habitual offender and, therefore, his custodial interrogation would be necessitated to unearth the entire racket involved in the theft of vehicles.

7.

I have heard learned counsel for the parties and perused the relevant material on record.

8.

In the facts and circumstances as enumerated hereinabove and in the wake of the criminal antecedents of the petitioner, this Court does not deem it fit to extend the extraordinary concession of anticipatory bail to the petitioner.

-49.

The instant petition stands dismissed.

10.

However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.

February 28th, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No