PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
Anoop Chitkara, J.
Jassa Singh – Appellant
Versus
State Of Punjab – Respondent
CRM-M-46418-2024
Decided on : 13-01-2025
JUDGMENT :
Anoop Chitkara, J. -
FIR No. | Dated | Police Station | Sections |
41 | 11.07.2024 | Talwandi Chaudharian, District Kapurthala | 118(l)/3(3) of BNS and 109 of BNS added later on |
1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.
2. In paragraph 10 of the bail petition, the accused declares that he has no criminal antecedents.
3. The facts and allegations are being taken from the copy of FIR (AnnexureP-1), which reads as follows:
"Statement of Bohar Singh son Singh resident Ferozepur, on of Ke, of Pritam P.S. our firm Sadar Bare Distt. Ferozepur aged about 31 years Mob. No. 98152-95994 stated that I am resident of above mentioned address. We are doing the work of filling the earth on the roads. From the last three months, namely Parminder Trading Company is filling the Delhi-Jammu Katra Highway the earth near Talwandi Chaudharian. Gurpreet Singh son resident of Village of Bikkar Singh is Saner Road, Zira, Distt. Ferozepur who is the is also son of my maternal uncle and he working with us. On 10.07.2024 at about 11:30 O' clock I and Sukhpal Singh son of Nasib Singh resident of Saner Road, Zira were doing a our work where we were filling the earth the road. Then on Gurpreet Singh son of Bikkar Singh resident of Saner Road brought the tea for us from Talwandi Chaudharian on a motorcycle and he was nervous to whom we asked that what happened then he told that Gurjit Singh son of Jassa Singh resident of Bhaini Husse Khan who is also filling the earth nearby us who hit the side of the truck and I asked from him for this reason then he started abusing with me and some of the passerby got pacified us and sent both of us. Then at about 11:45 O' clock Gurjit Singh son of Jassa Singh armed with gandasi, Jassa Singh son of unknown armed with dang resident of Bhaini Husse Khan and two unidentified, persons came there on 1-20 car where we were working near the Dhiissi embankment near Talwandi Chaudharian and on reaching Jassa Singh raised Lalkara that catch hold Gurpreet Singh and teach him a lesson for arguing with my son. Then Gurjit Singh gave gandasi blow with an intention to kill to our companion Gurpreet Singh which hit on his head and he fell down unconsciously. Then we raised the alarm Maar Ditta Maar Ditta and all the above said accused persons ran away from the spot with their respective weapons and then we arranged a conveyance and took Gurpreet Singh to Civil Hospital, Sultanpur Lodhi and after examined by doctor and on account of serious condition doctors referred Gurpreet Singh to Civil Hospital, Jalandhar where we got admitted Gurpreet Singh in civil hospital, Jalandhar. Thereafter, the health of Gurpreet Singh became more deteriorated and we got admitted him in NHS Hospital, Jalandhar where he is under treatment. Reason of this grudge is that Gurpreet Singh told Gurjit Singh that drive the vehicle carefully then they came in anger and caused injuries to our companions. Legal action be taken against them. This whole occurrence witnessed by me and my companion Sukhpal Singh son of Nasib Singh resident of Saner Road, Zira. You have recorded my statement which is admitted to be correct. Sd - Bohar Singh 98152-95994 verified by Sukhdev Singh ASI, P.S. Talwandi Chaudharian, Distt. Kapurthala. "
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.
5. The State's counsel opposes bail and refers to the reply.
6. It would be appropriate to refer to the following portions of the reply, which read as follows:
"8. That complainant was medico legally examined vide MLR No HPK/5l/CH/SPL/2024 dated 10.07.2024 and as per the MLR, he suffered two injuries out of which injury no. 1 was sharp in nature and was dangerous to life and injury no. 2 was simple in nature. It was opine
The court granted anticipatory bail, emphasizing that pre-trial incarceration is not justified based on the nature of allegations and the need to balance the accused's liberty with a fair trial.
Anticipatory bail should be granted when the allegations do not warrant custodial interrogation, especially in cases with simple injuries and clean antecedents.
Anticipatory bail is justified when the evidence does not warrant custodial interrogation, especially for a petitioner not being the main accused.
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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.