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2025 Supreme(Online)(PH) 1145
HIGH COURT OF PUNJAB AND HARYANA
SANDEEP MOUDGIL, J
MANPREET SINGH ALIAS MANI – Appellant
Versus
STATE OF PUNJAB AND OTHER – Respondent
CRM-M-51001-2024
Mr. B.S. Bairagi, Advocate for the petitioner(s). Mr. Jaspal Singh Guru, AAG, Punjab.
The presumption of innocence and the right to bail prevail over serious allegations, particularly when the accused has been detained for an extended period without trial.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 439 - Bail application - Petitioner seeks regular bail in FIR No. 22 under Sections 384, 506, 411, 120-B of IPC and Sections 25, 25(7) of the Arms Act - Allegations of extortion and conspiracy with criminal gang - Petitioner claims false implication and clean antecedents - Court finds no further recovery necessary and notes the lengthy incarceration without trial. (Paras 1-5)
(B) Criminal jurisprudence - Presumption of innocence and right to bail - Grant of bail is the general rule; incarceration is the exception - Judicial discretion must be exercised judiciously and compassionately. (Paras 4-6)
(C) Right to speedy trial - Article 21 of the Constitution - Pre-conviction period of under-trials should be minimized. (Paras 6-7)
Facts of the case:
The petitioner was arrested under serious allegations of extortion and conspiracy involving a criminal gang and has been in custody for 1 year, 4 months, and 1 day without trial.
Findings of Court:
The petitioner is granted bail as the court finds no further recovery necessary and acknowledges the right to a speedy trial.
Issues: The main issue was whether the petitioner should be granted bail considering the serious allegations and the length of detention.
Ratio Decidendi: The court ruled that the presumption of innocence and the right to bail should prevail, especially given the lengthy incarceration without trial.
Result: Petition allowed; petitioner granted bail.
1. Prayer
This petition has been filed under Section 439 C.P.C seeking the concession of regular bail for the petitioner in FIR No. 22, dated 09.11.2023, Registered under Section 384,506,411,120-B of IPC , Sections 25,25(7),54 and 59 of the Arms Act, at P.S. State Special Operation Cell (SSOC), District Mohali.
2. Prosecution story set up in the present case as per the version in the FIR reads as under :-
‘Copy Rukka, Chief Officer Police Station, S.O.S.C., Mohali, Jai Hind, I SI was present today at the police station, and then it was around 12:45 PM that the special informant lof8 a informed me that Gaurav Patial, alias Lucky, son of Surinder Singh, a resident of village Khudda Lahora Chandigarh, who belonged to the Devinder Bambiha group and he is main leader, and he is extorting money by threatening to kill rich people of Punjab by sitting abroad, and in this work he is being helped by India-based Jagjit Singh, alias the Chinni son of Dharampal Singh, resident of Ram Nagar Boli, Moga; Anmol Singh, son of Kaka Singh, resident of Jadhowal Basti; Ludhiana Hall resident of Teacher Colony, Moga; Manpreet Singh, alias Mani, son of Kuldeep Singh, resident of No. 1 Gali Sant Nagar, Moga; and other unknown accomplices to whom Lucky Patial has sent arms in huge quantity. All these are members of the criminal gang of Davinder Bambiha. Today, on the request of Lucky Patial, they rode on a black motorcycle numbered PB 29 AD 3614, Mark splendor, with illegal ammunition, and are coming Ludhiana to Mohali to carry out target killing in the Mohali area. If the route coming from Ludhiana to Mohali is monitored, these heavy weapons can be controlled along with ammunition. The declaration is firm and reliable. That the said persons conspire together to do so is an offense 384,506,120-B IPC , 25, 25 (7) Arms Act 1959. On that rukka sent against Gaurav Patial alias Lucky son of Surinder Singh resident of village Khudda Lahora Chandigarh, Jagjit Singh, alias Chinese son of Dharmapal Singh, Resident of Ram Nagar Bowli, Moga, and Anmol Singh Son of Kaka Singh Resident of Jadhowal Basti, Ludhiana Hall Resident of Teacher Colony, Moga, Manpreet Singh alias Mani, son of Kuldeep Singh, resident of No. 1 Gali Sant Nagar, Moga, and other unknown accomplices in the hands of HC/LR Avinash Singh 2675/INT I am sending the case to the police station. The number of cases should be known by registering the cases. Special reports to be issued. I went for an investigation. In area: INVESTIGATION ROOM SSOC, SAS Nagar, Time: 01:25 PM Correct/- SI Manpreet Singh, 760/INT Police Station S.S.O.C., S.A.S. NAGAR DATE 09/11/2023, today after receiving rukka FIR NO. 22 dated 09/11/2023 u/s 384,506, 120-B IPC , 25, 25 (7) Arms Act 1959 Ghata Prem. SOSC, SAS Nagar Against Gaurav Patial, alias Lucky, son of Surinder Singh, resident of Village Khuda Lahora, Chandigarh, Jagjit Singh, alias Chinese, is the son of Dharmapal Singh, resident of Ram Nagar Banli, Moga; Anmol Singh, son of Kaka Singh, resident of Jadhowal Basti; Ludhiana Hall, resident of Teacher Colony, Moga; Manpreet Singh, alias Mani, is the son of Kuldeep Singh, resident of No. 1 Gali Sant Nagar, Moga; and other unknown persons have been registered under 384,506,120-B IPC , 25, 25(7) Arms Act 1959. Officers were informed about the case. Copies of the FIR as special reports are handed to S/CT Harvinder Singh, 82/644 District Magistrate, and sent for officers. File of case by hand HC/LR Avinash Singh 2675/INT to SI Manpreet Singh 760/INT, sent towards investigation officer; record has been available to Chief Munshi of Police Station. ’
3. Contentions
On behalf of the petitioner
Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He submits that allegedly two live cartridges of .32 bore pistol have been recovered from the petitioner but there is no allegations qua any gun shot. He further submits that as no further recovery is to be
