PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA, J.
Dalvir Singh Chahal @ Mithu – Appellant
Versus
State of Punjab – Respondent
CRM-M-55825-2024 and CRM-M-56915-2024
Decided on : 27-01-2025
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
257 | 10.10.2024 | Sahnewal, Ludhiana Distt. Police Commissionerate | 329(3), 62, 324(4), 324(5), 303(2), 351(1), 351(3), 61(2), 191(3), 190 of BNS, 2023 and 25, 27 of Arms Act |
1. The petitioners apprehending arrest in the FIR captioned above have come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.
2. In paragraph 8 of the bail petition i.e. CRM-M-55825-2024 and as per para 8 of the status report the accused has the following criminal antecedents:
Sr. No. | FIR No. | Dated | Offenses | Police Station |
1. | 229 | 16.12.2020 | 436, 120-B IPC | Sahnewal, Distt. Police Commissionerate |
2. | 193 | 03.11.2020 | 323, 294, 295, 506, 34 IPC | Sahnewal, Distt. Police Commissionerate |
3. | 126 | 29.05.2019 | 447, 511, 427, 506, 148, 149 IPC, 25/27 of Arms Act | |
4. | 142 | 25.07.2006 | 61 Excise Act | Sahnewal |
5. | 81 | 2010 | 15 of NDPS Act | Payal |
6. | 22 | 22.01.2011 | 307, 452, 427, 506 IPC | Payal |
7. | 198 | 436, 120-B IPC | Sahnewal | |
8. | 242 | 447, 506, 511, 148, 149, 120-B IPC | Sahnewal, Ludhiana |
3. In paragraph 2.14 of the bail petition i.e. CRM-M-56915-2024 and as per para 8 of the status report the accused has the following criminal antecedents:
Sr. No. | FIR No. | Dated/Year | Offenses | Police Station |
1. | 60 | 447, 511, 427, 506, 148, 149, 120-B IPC | Dehlon, Ludhiana | |
2. | 126 | 29.05.2019 | 447, 511, 427, 506, 148, 149 IPC, 25/27/54/59 of Arms Act | Sahnewal, Ludhiana |
3. | 242 | 2022 | 447, 511, 427, 506, 120-B, 148, 149 IPC | Sahnewal, Ludhiana |
4. | 257 | 2022 | 447, 511, 427, 506, 120-B, 148, 149 IPC | Sahnewal, Ludhiana |
4. The facts of the case are being taken from the translated copy of the FIR annexed in the bail petition i.e. CRM-M-55825-2024, which reads as follows:
"Statement of Mandeep Singh Son of Late Jagjit Singh Resident of Village Tibba Police Station Sahnewal District Ludhiana. Aged around 45 years, Mob No.97819-xxxxx, stated that I am a resident of the said address, I am engaged in agriculture, my land is near village Tibba Canal, where I have planted millet crop. On dated 23.08.2024 at around 07:00 AM I went to visit my land and I saw that Jagjeevan Singh son of Gurdeep Singh resident of House No. 62/2 GT Road Daba Road Ludhiana, Dalveer Singh alias Mithu son of Davinder Singh, Davinder Singh son of Malkit Singh Vasian Sahnewal district Ludhiana, Satveer Singh alias Lali son of Jeet Singh, Hinda Vasian village Paddi police station Dehle district Ludhiana along with 10/15 unknown persons Jagjeevan Singh was ploughing my millet crop with tractor. When I stopped him from doing so, Davinder Singh took out a revolver from his pocket and Satveer Singh alias Lali was holding a rifle in his hand, who threatened me that if you went ahead, then we will kill you right here and throw you in the canal, so I was afraid.
I couldn't do anything because they ploughed and destroyed my sown millet crop while I was watching. They broke my electricity connection in my meter which is in my name. The aforesaid people stole my agricultural implements people stole it and placed their container in my land with the intention of taking possession. Before this, the aforesaid people had tried to occupy this land of mine, regarding which on my statements FIR No: 60, 66/2015 Police Station Dehlo, FIR No: 126/2019, 229/2020, 242/2022 Police Station Sahnewal, Ludhiana were registered against them. The title of the land is in my name and I am in possession of the land. Who like this, the above accused repeatedly try to occupy my land. All the above accused are persons with criminal background. Till date I have personally inquired about 10/15 unknown persons but I could not find anything about those 10/15 unknown persons. Today I was going to the police station to report this incident station, you met me at Dharor Sua Pulli, Dehle Road, Sahnewal, Ludhiana. I have got my statement recorded with you, heard it read it and found it to be correct. Appropriate legal action be taken against the above accused. xxx xxx"
5. The petitioners' counsel prays for bail by imposing any stringent conditions and
Anticipatory bail should be granted when the allegations do not warrant custodial interrogation, especially in cases with simple injuries and clean antecedents.
Bail should be granted unless compelling reasons exist, balancing the accused's liberty with victim protection, especially when the accused is a first-time offender.
The court considered the nature of allegations, injuries inflicted, and other factors peculiar to the case, and imposed stringent conditions to ensure the safety of the witnesses and the victim.
The main legal point established in the judgment is the need to consider the accused's criminal history, the nature of allegations, and the possibility of influencing the investigation and intimidati....
Bail should be granted unless compelling reasons exist, with conditions ensuring compliance and victim protection.
The court's decision to grant bail with stringent conditions was based on the petitioner's criminal antecedents, the period of pre-trial incarceration, and the need to prevent influencing the investi....
The court emphasized the requisite balance between personal liberty and the necessity of pre-trial detention, highlighting Article 21's protection against unjust deprivation of liberty.
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