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2025 Supreme(HP) 462
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
TARLOK SINGH CHAUHAN, ACJ, VIRENDER SINGH, J.
Gurjant Singh - Appellant
Versus
State of Himachal Pradesh - Respondent
Cr MP (M) No. 863 of 2025
Decided On : 20-05-2025
Advocate Appeared:
For the Appellant : Kanta Thakur
For the Respondents: Mohinder Zaraick, H.S. Rawat, Varun Chandel, Ranjna Patial
The court emphasized that the serious nature of the charges and public safety concerns outweigh the applicant's claims for bail due to trial delays.
Headnote:
(A) Code of Criminal Procedure, 1973 - Section 439 - Indian Penal Code, 1860 - Sections 307, 186, 120B - Arms Act, 1959 - Sections 25-54-59 - Bail application - Applicant sought bail during trial for serious charges including attempted murder and conspiracy - Court found no undue delay in trial and highlighted the serious nature of the crime involving inter-gang rivalry - Releasing the applicant would endanger public safety and send a wrong signal to society. (Paras 1, 11, 15, 20)
(B) Bail - Considerations for granting bail - The court emphasized the need to balance individual liberty against societal interests, especially in serious offenses involving violence and conspiracy. (Paras 18, 20)
Facts of the case:
The applicant, Gurjant Singh, was arrested in connection with a shooting incident in a court complex, involving an attempt to free an undertrial prisoner. He has been in custody for over two years with no witnesses examined yet.
Findings of Court:
The court found that the applicant did not make a case for bail due to the serious nature of the charges and the potential danger to public safety.
Issues: The main issues included the delay in trial and the implications of releasing the applicant on bail given the serious charges against him.
Ratio Decidendi: The court ruled that the serious nature of the crime and the potential threat to public safety outweighed the applicant's claims of undue delay in trial, justifying the denial of bail.
Result: Bail application dismissed.
JUDGMENT :
Virender Singh, J.
1. By way of the instant bail application, filed under Section 439 of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’), applicant-Gurjant Singh has sought his release, on bail, during the pendency of trial, in case FIR No. 237 of 2022, dated 29th August, 2022, registered with Police station Nalagarh, under Sections 307, 186, 120 (B) of the Indian Penal Code (hereinafter referred to as ‘IPC’) and Section 25-54-59 of the Arms Act.
2. According to the applicant, he is innocent and has nothing to do with the commission of the alleged offences, as, he has falsely been implicated, in the present case.
3. It is the case of the applicant that he is in judicial custody for more than two years and six months. According to him, the police has filed the charge sheet before the learned trial Court and even after a lapse of sufficient long time, not even a single witness has been examined, in the case, so far.
4. As per the applicant, the conclusion of the trial, against him, will take sufficiently long time, as such, no useful purpose would be served, by keeping him in judicial custody, by curtailing his liberty, as, it will amount to pre-trial conviction.
5. Apart from this, it is also the case of the applicant that he is permanent resident of the address, as mentioned in the bail application, having deep roots in the society, as such, there is no chance of his absconding or evading the prosecution or fleeing from justice.
6. Applicant has tried his luck by moving bail application before the learned Additional Sessions Judge, Nalagarh, District Solan, however, the said application was dismissed, vide order, dated 4th May, 2023. The applicant has also tried his luck by moving similar bail applications, before this Court, which came to be dismissed.
7. Now, the applicant has filed the present application, on the ground of changed circumstances, as, according to him, the trial has been delayed, since, charge against him has been framed on 15th March, 2024, and the case is still being listed for fixation of evidence.
8. The learned counsel appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, he is ordered to be released on bail, during the pendency of the trial.
9. On the basis of the factual position, as mentioned in the bail application, a prayer has been made to allow the bail application and release the applicant on bail, during the pendency of the trial.
10. When put to notice, the police has filed the status report, disclosing therein, that on 29th August, 2022, when Inspector Shyam Lal was on patrolling duty, then, he received the information regarding the incident of firing in Court Complex, Nalagarh, upon which, he informed the police. In pursuance of the said information, Sub Inspector Chaman Lal, alongwith other police official, reached Court Complex, Nalagarh, where Constable Gopal Singh No. 314, has got recorded his statement, under Section 154 CrPC, disclosing therein that he is working with 6th IRBN Dhaulakuan and temporarily attached with Police Line, Nahan for prisoners security guard duty. On 29th August, 2022, a police party, under the leadership of SI Jaswant Singh, has brought undertrial Ajay @ Sunny, who has been arrested in Case FIR No. 100 of 2021, dated 3rd April, 2021, registered under Sections 147, 148, 149, 326, 201 IPC, with Police Station Nalagarh, as the said undertrial has to be produced before the Court of learned Additional Chief Judicial Magistrate, Nalagarh.
10.1. After producing the said undertrial in the Court, at about 12 in the noon, when they came out from the Court Complex, then, one person, aged about 20-25 years, who had worn cream coloured shirt and white coloured headgear, came there from right side, having a pistol in his hand and in order to kill Ajay, he has fired a gun shot, upon which, there was a hue and cry in the Court Complex. When, the people present there tried
