Nirmal Singh v. State Of Haryana
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M No.59258 of 2023
Reserved on: 02.08.2024
Pronounced on: 30.08.2024 Nirmal Singh
...Petitioner
Versus
State of Haryana
...Respondent
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Mr. Jagpal Singh, Advocate for the petitioner.
Mr. Ashish Bishnoi, DAG, Haryana.
**** ANOOP CHITKARA, J.
FIR No.
Dated Police Station Sections 02.11.2017 Baragudha, District Sirsa 395, 397, 465, 468, 471, 472 IPC and 25 of Arms Act 1.
The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 439 CrPC, 1973, seeking regular bail. 2.
In paragraph 17 of the bail petition, the accused declares that he has no criminal antecedents. However, as per custody certificate dated 01.08.2024, the petitioner is involved in following FIRs, the details of which are as under: Sr. No.
FIR No.
Date Offenses Police Station 1.
135/2017 01.11.2017 Under Sections 382, 34 IPC Sadar Bathinda, Bathinda 2.
121/2017 -- Under sections 392, 397 IPC Rori, Sirsa 3.
10/2018 28.01.2018 Under Sections 399, 402 IPC and 25, 54, 59 of Arms Act Therma, Bathinda 3.
The facts of the case are being taken from reply dated 15.12.2003 which are
-2reproduced as under:
"To SHO, Police Station, Baragudha. Sir, With due respect, it is stated that I Sidharath S/o Shri Davender Kumar Caste Arora is permanent resident of House No.140 D.C. Colony Barnala Road Sirsa and we have our City Petrol Pump near Rajender School Panjuana NH-9.
Today at about 6-40 PM 5 youngsters aged 20/25 years, came at our petrol pump in Car i-20 bearing number plate HR35-B-2626 and one boy was holding double barrel gun in his hand, one was holding pistol in his hand, one was holding Kapa in his hand, one was holding sword in his hand and one boy was standing outside and he was holding danda in his hand and by showing their weapons to our salesmen who were standing outside, took them inside the office and raised their weapons upon us and looted the entire cash of Rupees 160000/- lying in the almira, one laptop, two mobile and key of vehicle. All had covered their faces with cloth and while leaving, they also looted the cash with our salesmen, which we will tell after counting. Legal action be taken against the above unknown youngsters and amount be got recovered.
This entire episode is recorded in the CCTV Camera installed at the petrol pump. All were speaking in Punjabi.
3. That during the course of investigation of the above case, it was discovered that the accused persons who had committed the above offence on 2.11.2017 at City Petrol Pump, Village Panjuana, have been arrested in case FIR No.10 dated 28.1.2018 under Sections 399,402 IPC and 25/54/59 Arms Act, Police Station Thermal Bathinda. Thereafter, production warrants of the accused persons namely Simrajeet Singh (present petitioner) son of Resham Singh, Nirmal Singh alias Kala son of Gurjant Singh, Jaspreet Singh alias Jassa son of Jagdev Singh, Sukhpal alias Surender son of Baljeet Singh and Gurpreet Singh alias Kali son of Nachhatar Singh who were in custody in above case FIR No.10 dated 28.1.2018 Police Station Thermal, Bathinda, were sought from the Court of Ld. Judicial Magistrate, Sirsa and they were produced before the Court on 8.3.2018 and after inquiry, they were arrested in the above case as per rules.
4. That in the above case, the petitioner along with other co-accused persons namely Nirmal Singh alias Kala Singh son of Gurjant Singh, Jaspreet Singh alias Jassa son of Jagdev Singh, Sukhpal alias Surender son of Baljeet Singh, Gurpreet Singh alias Kali son of Nachhatar Singh, armed with deadly weapons, committed dacoity at City Petrol Pump, near Rajendera School, NH 9 in the area of village Panjuana, Police Station Baragudha, District Sirsa and looted Rs. 1,60,000/-, one laptop, two mobile phones and key of vehicle at gun-point. All the above robbers had arrived at the premises of City Petrol Pump in i20 Car bearing registration No.HR35B-2626. The petitioner was holding a double barrel gun in his hand at that time. The aforesaid car i20 used in the commission of above offence was recovered by Punjab Police in another criminal case and double barrel gun which the petitioner was holding at the time of commission of above offence was also recovered by the Punjab Police in another criminal case.
5. That during the investigation of the above case, it was discovered that the aforesaid i20 car which was used by the accused persons in the commission of above offence was also looted by the accused persons and they had replaced its number plate with number plate bearing No.HR35B-2626. Thus, commission of offences under Section 465/468/471 IPC were discovered in the above case and these sections were added in the above case." 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.
-35.
The State opposes bail.
6.
The petitioner was earlier on bail; however, on 27.02.2022 the applicant could not appear before the Court as he was suffering from fever and could not inform his counsel and due to his non appearance, non bailable warrants were issued against him and he was declared proclaimed person vide order dated 11.05.2023. The petitioner is in custody since the date of his arrest i.e. 20.07.2023. 7.
The petitioner was earlier granted bail, and as such, this court is inclined to grant bail subject to the strict condition that the petitioner shall not remain absent from the trial even on a single day and subject to compliance with the following conditions. 8.
As per order passed by the trial Court, petitioner is in custody since 20.07.2023. 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 further pre-trial incarceration at this stage, subject to the compliance of terms and conditions mentioned in this order. 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. 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,
-4browbeat, 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. 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 wants 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 30.08.2024 Whether speaking/reasoned:
Yes Whether reportable:
No.