PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA, J.
Nishan Singh – Appellant
Versus
State of Punjab – Respondent
CRM-M-41965-2024
Decided on : 18-09-2024
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
132 | 21.09.2021 | City-1, Malerkotla, Distt. Sangrur | 420, 465, 468, 471, 120-B IPC |
1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 438 CrPC, seeking anticipatory bail.
2. In paragraph 8 of the bail application and as per the status report, the accused has the following criminal antecedents:
Sr. No. | FIR No. | Dated | Offenses | Police Station |
1. | 83 (on bail) | 12.07.2021 | 420, 465, 468, 471, 120-B IPC | City-1, Malerkotla, Distt. Sangrur |
2. | 146 (Cancellation report filed by police) | 16.08.2010 | 323, 452, 148, 149 IPC | Dharamkot, Distt. Moga |
3. The facts and allegations are being taken from status report dated 03.09.2024 filed by the State, which reads as follows:
"3. That it is submitted that the brief facts of the present case are that order dated 21.09.2021 passed by the Court of Mr. Harshbir Sandhu, Ld. Judicial Magistrate 1st Class, Malerkotla, was received from Sh. Gurpreet Singh, Reader, in the Court of Mr. Harshbir Sandhu, Ld. Judicial Magistrate 1st Class, Malerkotla to the SHO, Police Statton City-1 Malerkotla vide No.630 dated 21.09.2021 for registratton of FIR and taking necessary action against the culprits. It was mentioned in the said order dated 21.09.2021 that "Accused Rajwinder Kumar @ Raj has come present in the Court. Perusal of letter of Naib Tehsildar, Dharampur reveals that he has reported that along with the bail bonds and surety bonds of accused Rajwinder Kumar @ Raj, the valuation report which was filed qua the property of the surety Baljit Singh in the said valuation report the signature of Patwari and signature of Tehsildar as well as seals of the Tehsildar are fake. It has also been reported in the said report that even the Adhaar card of Baljeet Singh is also fake. Hence, from the aforesaid circumstances, it appears that offences under Sections 420/465/468/ 471/120-B IPC have been committed by accused Rajwinder Kumar Raj as well as his surety Baljeet Singh, identifier Nishan Singh Lambardar and witness Amandeep that to against this Court. Accordingly, SHO, PS City I Malerkotla is directed to register an FIR and to investigate into the matter.
4. That on receiving of said letter, from the perusal of concerned documents, it revealed that the Naib Tehsildar, Dharamkot through his official letter has reported that the valuation report qua the property of the surety Baljit Singh received along with bail bonds and surety bonds of the co-accused Rajwinder Singh @ Raj is forged and fabricated and signatures of Patwari and signatures of the Tehsildar as well as the seal of the Tehsildar thereon were fake and the Aadhar Card of the surety Baljit Singh was also found to be fake. Rajwinder Kumar @ Raj in connivance with his surety Baljit Singh, Identifier Nishan Singh Numberdar, and witness Amandeep had prepared forged documents and in doing so, they committed the offence under Sections 420/465/468/471/120-B IPC. Accordingly, the present FIR No.132 dated 21.09.2021 under Section 420/465/468/471/120-B IPC Police Station City-1 Malerkotla was registered against Rajwinder Kumar @ Raj, Baljit Singh, Nishan Singh (present petitioner), and witness Amandeep and investigation commenced."
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 para 5 of the status report, which reads as follows:
"5. That during investigation, relevant record attached with the said letter No.630 dated 21.09.2021 was taken into possession by the Investigation Officer. Efforts were being made to arrest the accused individuals namely, Rajwinder Kumar @ Raj, Baljit Singh, Nishan Singh Numberdar and Amandeep, however, they could not be arrested as they were absconding and evading their arrest."
6. It would be appropriate to refer to the following portions of the status r
The court recognized that continued pre-trial incarceration without sufficient justification may constitute an injustice to the appellant, thereby granting bail under specified conditions.
Bail should be granted unless compelling reasons exist to deny it, emphasizing judicial discretion and the presumption of innocence.
Anticipatory bail can be granted even after prior custody if custodial interrogation is not justified, balancing individual rights with the necessity of a fair trial.
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