Lovepreet Singh v. State Of Punjab
CRM-M-30802-2024 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M No.30802 of 2024
Reserved on: 16.07.2024
Pronounced on: 30.07.2024 Lovepreet Singh
...Petitioner
Versus
State of Punjab
...Respondent
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Mr. Hitesh Chopra, Advocate for the petitioner.
Mr. Sukhdev Singh, A.A.G., Punjab.
**** ANOOP CHITKARA, J.
FIR No.
Dated Police Station Sections 04.05.2024 Dera Baba Nanak, 61 of Punjab Excise Act, 1914 District Batala 1.
The petitioner, aged 20, apprehending arrest in the FIR captioned above, has come up before this Court under Section 438 CrPC, 1973, seeking anticipatory bail. 2.
In paragraph 10 of the bail application, the accused declares the following criminal antecedents:
Sr. No.
FIR No.
Date Offenses Police Station 1.
12.05.2024 Under section 61 of Punjab Excise Act Dera Baba Nanak, District Batala 3.
The facts of the case are being taken from reply dated 11.07.2024 and the relevant paragraph(s) of the same reads as follows: "6. That, it is humbly submitted that the brief facts of the case are that when the police party was on patrolling duty, one secret information was received that Arjan and his son Lovepreet Singh are into the business of distilling and selling illicit liquor in their house and if raid is conducted they can be apprehended red handed and then raid was conducted, two iron drums and six plastic drums containing lahan 1600 litre and 50 bottles of illicit liquor were recovered."
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
CRM-M-30802-2024 -2petitioner and their family. 5.
The State opposes bail and in support thereof, has referred to relevant paragraph(s) of the reply which reads as under: "A. The Role of the petitioner There are specific allegations against the petitioner/accused and the recovery has been effected from his house. Menace of drugs and illicit liquor is eating into the vitals of society in as much as the youth of the country is being lured into drugs and liquor and its addiction is posing a great threat to even the growth of country and nation building. The recovery has also been effected from his place only, to burst out the whole supply network and menace of illicit liquor, his custodial interrogation is utmost required."
6.
Given the penal provisions invoked, coupled with the primafacie analysis of the nature of allegations and the other factors peculiar to this case, there would be no justifiability pre-trial incarceration at this stage, subject to the compliance of terms and conditions mentioned in this order.
7.
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.
8.
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 Arresting Officer, and if the matter is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Officer/Court must be satisfied that if the accused fails to appear, such surety can produce the accused.
9.
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) 10.
This order is subject to the petitioner's complying with the following terms. 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,
CRM-M-30802-2024 -3browbeat, 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. 11.
Given the background of allegations against the petitioner, it becomes paramount to protect the illicit liquor detection squad and their family members, as well as the members of society, and incapacitating the accused would be one of the primary options until the filing of the closure report or discharge, or acquittal. Consequently, it would be appropriate to restrict the possession of firearm(s). [This restriction 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 sanction].
Given the nature of the allegations and the other circumstances peculiar to this case, the petitioner shall surrender all weapons, firearms, and ammunition, if any, along with the arms license to the concerned authority within fifteen days from release from prison and inform the Investigator about the compliance. However, subject to the Indian Arms Act, 1959, the petitioner shall be entitled to renew and take it back in case of acquittal in this case, provided otherwise permissible in the concerned rules. Restricting firearms would instill confidence in the victim(s), their families, and society; it would also restrain the accused from influencing the witnesses and repeating the offense.
12.
The conditions mentioned 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 Petition (Criminal) No 279 of 2022, Para 29, decided on July 20, 2022, A Three-Judge bench of Hon'ble Supreme Court holds that "The bail conditions imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be proportional to the purpose of imposing them. The courts, while imposing bail conditions must balance the liberty of the accused and the necessity of a fair trial. While doing so, conditions that would result in the deprivation of rights and liberties must be eschewed."
13.
Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 14.
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
CRM-M-30802-2024 -4wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. 15.
Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of.
(ANOOP CHITKARA) JUDGE 30.07.2024 Whether speaking/reasoned:
Yes Whether reportable:
No.