Daddu @ Ahishek Kumar v. State Of Punjab
CRM-M-28244-2022
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-28244-2022 (O&M)
Reserved on: 04.08.2022
Date of Pronouncement: 21.09.2022
Daddu @ Abhishek Kumar
...Petitioner (s)
Versus
State of Punjab
...Respondent(s)
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Dr. Payal Mehta, Advocate for the petitioner(s).
Mr. H.S. Sitta, DAG, Punjab.
**** ANOOP CHITKARA, J.
FIR No. Dated Police Station Sections 29.11.2021 Balongi, District SAS 307, 452, 323, 324, 506, 34 IPC Nagar, Mohali 1.
The petitioner, incarcerating upon his arrest in the FIR captioned above, has come up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.
2.
In paragraph 6 of the bail application, the accused declares the following criminal antecedents:
Sr. No.
FIR No.
Date Offences Police Station 1.
302, 34 IPC Balongi 3.
At the instance of the petitioner, the co-accused Gulshan inflicted knife blows on the victim's ear, and neck. The petitioner kept on proclaiming not to leave him alive.
4.
Ld. Counsel for the petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family. ASHWANI KUMAR 2022.09.22 15:14 I attest to the accuracy and integrity of this order/judgment
CRM-M-28244-2022 5.
While opposing the bail, Ld. counsel representing the State contends that given the criminal past, the accused is likely to indulge in crime once released on bail.
REASONING:
6.
In Paramjeet Singh v. State of Punjab, CRM-M 50243 of 2021, this court observed, While considering each bail petition of the accused with a criminal history, it throws an onerous responsibility upon the Courts to act judiciously with reasonableness because arbitrariness is the antithesis of law. The criminal history must be of cases where the accused was convicted, including the suspended sentences and all pending First Information Reports, wherein the bail petitioner stands arraigned as an accused. In reckoning the number of cases as criminal history, the prosecutions resulting in acquittal or discharge, or when Courts quashed the FIR; the prosecution stands withdrawn, or prosecution filed a closure report; cannot be included. Although crime is to be despised and not the criminal, yet for a recidivist, the contours of a playing field are marshy, and graver the criminal history, slushier the puddles.
7.
The petitioner has criminal history of a murder case, despite that he proclaimed his accomplice, in the presence of the victim's wife, to ensure that the victim is dead. A perusal of the petition does not refer to any averment based on which this court is assured that if this recidivist is released on bail, then he shall not indulge in criminal behavior. Apart from this, the allegations 8.
In the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner fails to make a case for bail.
9. Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments. Petition dismissed. All pending applications, if any, stand disposed. (ANOOP CHITKARA) JUDGE September 21, 2022 AK Whether speaking/reasoned:
Yes Whether reportable:
No.
ASHWANI KUMAR 2022.09.22 15:14 I attest to the accuracy and integrity of this order/judgment