Kulwant Singh @ Ravi @ Andha v. State Of Punjab

CRM-M-32566-2024 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.32566 of 2024

Reserved on: 02.09.2024

Pronounced on: 16.09.2024 Kulwant Singh @ Ravi @ Andha

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Jashandeep Singh Sandhu, Advocate for the petitioner.

Mr. Sukhdev Singh, A.A.G., Punjab.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 25.09.2022 Nihalsinghwala, 22 of NDPS Act, 1985 District Moga 1.

The petitioner incarcerated in the FIR captioned above has come before this Court seeking regular bail under Section 439 CrPC.

2.

Para 14 of the bail petition reads as follows: "14. That apart from the present case no other case FIR is there against the petitioner as per the instructions received by the counsel for the petitioner. " 3.

However, para 6 of the reply dated 28-08-2024 reads as follows: "6. That it is most respectfully submitted that as per his antecedents of accused/petitioner Kulwant Singh @ Ravi @ Anda who is a previous convict is incorrigible and habitual offender indulging in criminal activities and cannot restrain himself from indulging in Narcotic substances and other crimes. Apart of the instant case, accused/petitioner is facing trials in as many as 04 other criminal cases including another case registered against him under NDPS Act. The criminal history of the petitioner is submitted below please: Sr. No Sr. No Sr. No Sr. No FIR No./ FIR No./ FIR No./ FIR No.

/ date date date date Offences Offences Offences Offences Police Station Police Station Police Station Police Station Present Status of the Present Status of the Present Status of the Present Status of the case case case case Cases, in which convicted recorded Cases, in which convicted recorded Cases, in which convicted recorded Cases, in which convicted recorded 16.08.2018 Convicted & Sentenced to undergo RI 5 years and fine Rs.3000/- (in default further RI for Sonia Puri 2024.09.17 11:31 I attest to the accuracy and integrity of this document 1.

dated:22.04.2017 379-B, 34 IPC Nihal Singh Wala (Distt.

Moga)

CRM-M-32566-2024 -2one month) Cases, pending trial/ Under Trial Cases.

Cases, pending trial/ Under Trial Cases.

Cases, pending trial/ Under Trial Cases.

Cases, pending trial/ Under Trial Cases.

1.

dated:06.12.2019 382, 201, 411 IPC City Kotkapura (Faridkot) Under Trial - 03.09.2024 for PWs 2.

dated:13.12.2019 307/ 452/ 148/ 149 IPC & 25, 27 Arms Act Baghapurana (Distt. Moga) Under Trial - 20.09.2024 for Defence Evidence 3.

dated:

17.12.2019 399/ 402 IPC & 25, 27 Arms Act Baghapurana (Distt. Moga) Under Trial - 03.09.2024 for PWs Under Trial - 08.10.2024 for PWs "

4.

dated 19.06.2021 22 NDPS Act PS. Nihal Singh Wala 4.

The petitioner did not disclose the complete criminal antecedent. 5.

Criminal antecedents are one of the most critical aspects while granting or rejecting bail. The petitioner chose not to disclose the criminal history correctly. Considering the bail petition of an accused with a criminal history throws an onerous responsibility upon the courts to act judiciously and reasonably 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 prosecution resulting in acquittal or discharge, or when Courts quashed the FIR, the prosecution stands withdrawn, or the prosecution filed a closure report, cannot be included. Although crime is to be despised and not criminal, for a recidivist, the contours of a playing field are marshy, and the graver the criminal history, the slushier the puddles.

6.

Given the above, the present petition deserves dismissalQ with the liberty to file fresh after disclosing all criminal antecedents relating to any part of India or abroad. 7.

Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 8.

The petition is dismissed, with the liberty to file a fresh with the abovementioned declaration. All pending applications, if any, stand closed. (ANOOP CHITKARA) JUDGE 16.09.2024 Sonia Puri Whether speaking/reasoned:

Yes Whether reportable:

No.

Sonia Puri 2024.09.17 11:31 I attest to the accuracy and integrity of this document