- Court
- High Court of Punjab and Haryana
- Decided
- 28 February 2024
- Bench
- Kuldeep Tiwari
- Case no.
- CRM-M 20312/2023
Judgment
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-20312-2023 (O&M) Date of decision: 28.02.2024 AKASHDEEP SINGH ....Petitioner Versus STATE OF PUNJAB ...Respondent CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present : Mr. R.K. Saini, Advocate for Mr. B.S. Bhalla, Advocate for the petitioner. Mr. Raghav Garg, AAG, Punjab. KULDEEP TIWARI. J.(Oral)
¶1Through the instant petition, the petitioner craves for indulgence of this Court for his being enlarged on regular bail, in case FIR No.264 dated
27.09.2022, under Sections 450, 458, 459, 460, 379, 148 and 149 of IPC, registered at Police Station Jandiala, District Amritsar. ALLEGATIONS AGAINST THE PETITIONER
¶2The allegations against the present petitioner are that he along with other co-accused, on 26.09.2022, at about 10:00 PM, entered into the house of the complainant, and caused multiple injuries to the complainant/victim. Further allegations against the present petitioner are that he snatched the gold, and cash of Rs.34,000/- from the mother of the complainant, and ran away from the spot on their motorcycles. The relevant extract of the FIR reads as under:- "Statement of Sukhdeep Singh son of Ravail Singh, resident of Village Backside Zimidara Dhaba Akalgarh Dhapiana age about 26 years 9878540719. It is stated that I am resident of above said address and am an agriculturist. Few years back Gurmeet Karu wife of Baldev Singh caste Jat Sikh resident of Deri Wala P.S. Tarsika had lodged a case of molestation against me which is pending in the court at Baba Bakala. I
called Baldev Singh on his mobile about 15 days ago asking him to compromise the matter as I want to go abroad after finishing the case on which Baldev Singh demanded Rs.50,000 and only then his wife will give statement in my favour. On 26.9.2022 I went to sleep after eating the food and at about 10.00 PM somebody nock the door and loudly told me to open the door and stated that you will not be spared. I recognize the voice of Balbir Singh son of Baldev Singh and I saw through the window that Balbir Singh, Akashdeep Singh resident of Dairywala and about 5 unknown boys armed with datar and kirpans were pushing my door and were trying to brake it and after breaking the same they came inside and Balbir Singh gave datar blow on the fingers of my right hand and my three fingers were amputated and thereafter Akashdeep Singh gave datar blow on my arm which hit my left arm and I suffered injury on the arm. Thereafter the unknown person started giving blows on my head with their weapons and I suffered injuries and blood was oozing from the wounds and I raised alaram and after hearing the noise my mother Amrik Kaur came and folded the hands before the accused and all the accused took away gold and cash of Rs.34,000 after snatching from my mother and ran away on their motor cycles. My brother Gurjit Singh after hearing the noise came on the spot and got me admitted in her Hargun Hospital Amritsar where I am undergoing treatment. Action be taken. Sukhdeep Singh." SUBMISSIONS OF LEARNED COUNSEL FOR THE PETITIONER
¶3The learned counsel for the petitioner, in his asking for the hereinabove extracted relief, has made the following submissions:-
(i) Petitioner has been falsely implicated in the present case;
(ii) The petitioner is behind the bars since 17.02.2023;
(iii) The only role attributed to the present petitioner are that he caused datar blow on the left arm of the complainant/victim, which is declared to be simple in nature.
(iv) The main injuries are attributed to Balbir Singh son of Baldev
Singh, who has already been granted the concession of regular bail, by Principal Judge, Juvenile Justice Board, vide order dated
16.01.2023.
(v) The present petitioner is not involved in any other criminal case. SUBMISSIONS OF THE LEARNED STATE COUNSEL
¶4Per contra, the learned State counsel, who is in receipt of advance notice, has placed on record the custody certificate of the petitioner, as issued by the Superintendent of Central Jail, Amritsar. The same is taken on record. A perusal of the custody certificate reveals that the petitioner has suffered incarceration of 01 year and 02 days, as on today. A perusal of the custody certificate further reveals that the petitioner is not involved in any other criminal case. Learned State counsel on instructions, imparted to him from ASI Nirmal Singh, submits that out of the total 22 prosecution witnesses cited in the final report, none has been examined till date. Learned State counsel further submits that the complainant/victim has suffered as many as 14 injuries, and out of the total 14 injuries, 04 injures are amputation of fingers, therefore, the present petitioner does not deserve the concession of regular bail. ANALYSIS
¶5"Bail is the Rule and Jail is an Exception". This basic principle of criminal jurisprudence was laid down by the Hon'ble Supreme Court, way back in 1978, in its landmark judgment titled "State of Rajasthan V. Balchand alias Baliay", 1977 AIR 2447, 1978 SCR (1) 535. This principle finds its roots in one of the most distinguished fundamental rights, as enshrined in Article 21 of the Constitution of India. Though the underlying objective behind detention of a person is to ensure easy availability of an accused for trial, without any
inconvenience, however, in case the presence of an accused can be secured otherwise, then detention is not compulsory.
¶6The right to a speedy trial is one of the rights of a detained person. However, while deciding application for regular bail, the Courts shall also take into consideration the fundamental precept of criminal jurisprudence, which is "the presumption of innocence", besides the gravity of offence(s) involved.
¶7In "Nikesh Tarachand Shah V. Union of India", (2018) 11 SCC 1, the Hon'ble Supreme Court has recorded the following:- "14. In Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565 at 586-588, the purpose of granting bail is set out with great felicity as follows:- "27. It is not necessary to refer to decisions which deal with the right to ordinary bail because that right does not furnish an exact parallel to the right to anticipatory bail. It is, however, interesting that as long back as in 1924 it was held by the High Court of Calcutta in Nagendra v. King-Emperor [AIR 1924 Cal 476, 479, 480 : 25 Cri LJ 732] that the object of bail is to secure the attendance of the accused at the trial, that the proper test to be applied in the solution of the question whether bail should be granted or refused is whether it is probable that the party will appear to take his trial and that it is indisputable that bail is not to be withheld as a punishment. In two other cases which, significantly, are the 'Meerut Conspiracy cases' observations are to be found regarding the right to bail which deserve a special mention. In K.N. Joglekar v. Emperor [AIR 1931 All 504 : 33 Cri LJ 94] it was observed, while dealing with Section 498 which corresponds to the present Section 439 of the Code, that it conferred upon the Sessions Judge or the High Court wide powers to grant bail which were not handicapped by the restrictions in the preceding Section 497 which corresponds to the present Section 437. It was observed by the court that there was no hard and fast rule and no inflexible principle
governing the exercise of the discretion conferred by Section 498 and that the only principle which was established was that the discretion should be exercised judiciously. In Emperor v. Hutchinson [AIR 1931 All 356, 358 : 32 Cri LJ 1271] it was said that it was very unwise to make an attempt to lay down any particular rules which will bind the High Court, having regard to the fact that the legislature itself left the discretion of the court unfettered. According to the High Court, the variety of cases that may arise from time to time cannot be safely classified and it is dangerous to make an attempt to classify the cases and to say that in particular classes a bail may be granted but not in other classes. It was observed that the principle to be deduced from the various sections in the Criminal Procedure Code was that grant of bail is the rule and refusal is the exception. An accused person who enjoys freedom is in a much better position to look after his case and to properly defend himself than if he were in custody. As a presumably innocent person he is therefore entitled to freedom and every opportunity to look after his own case. A presumably innocent person must have his freedom to enable him to establish his innocence.
28. Coming nearer home, it was observed by Krishna Iyer, J., in Gudikanti Narasimhulu v. Public Prosecutor [(1978) 1 SCC 240 : 1978 SCC (Cri) 115] that: (SCC p. 242, para 1) "... the issue of bail is one of liberty, justice, public safety and burden of the public treasury, all of which insist that a developed jurisprudence of bail is integral to a socially sensitized judicial process. . . . After all, personal liberty of an accused or convict is fundamental, suffering lawful eclipse only in terms of procedure established by law. The last four words of Article 21 are the life of that human right."
29. In Gurcharan Singh v. State (Delhi Administration) [(1978) 1 SCC 118 : 1978 SCC (Cri) 41] it was observed by Goswami, J., who spoke for the court, that: (SCC p. 129, para 29) "There cannot be an inexorable formula in the matter of
granting bail. The facts and circumstances of each case will govern the exercise of judicial discretion in granting or cancelling bail."
30. In AMERICAN JURISPRUDENCE (2d, Volume 8, p. 806, para 39), it is stated: "Where the granting of bail lies within the discretion of the court, the granting or denial is regulated, to a large extent, by the facts and circumstances of each particular case. Since the object of the detention or imprisonment of the accused is to secure his appearance and submission to the jurisdiction and the judgment of the court, the primary inquiry is whether a recognizance or bond would effect that end." It is thus clear that the question whether to grant bail or not depends for its answer upon a variety of circumstances, the cumulative effect of which must enter into the judicial verdict. Any one single circumstance cannot be treated as of universal validity or as necessarily justifying the grant or refusal of bail."
¶8Also, in Siddharam Satlingappa Mhetre v. State of Maharashtra, Criminal Appeal No.2271 of 2010, the Hon'ble Supreme Court has insisted upon striking a perfect balance of sanctity of an individual's liberty as well as the interest of the society, in grant or refusing bail. The relevant extract of the judgment (supra) is reproduced hereinafter:-
3. The society has a vital interest in grant or refusal of bail because every criminal offence is the offence against the State. The order granting or refusing bail must reflect perfect balance between the conflicting interests, namely, sanctity of individual liberty and the interest of the society. The law of bails dovetails two conflicting interests namely, on the one hand, the requirements of shielding the society from the hazards of those committing crimes and potentiality of repeating the same crime while on bail and on the other hand absolute adherence of the fundamental principle of criminal jurisprudence regarding presumption of innocence of an accused until he is found guilty and the sanctity of individual liberty.
¶9This Court has examined the instant petition on the touchstone of the hereinabove extracted settled legal principle(s) of law and is of the considered opinion that the instant petition is amenable for being allowed.
¶10The reason for forming the above inference emanates from the factum that:- (i) The injuries which are attributed to the present petitioner are simple in nature; (ii) The petitioner has suffered incarceration of 01 year and 02 days, as on today; (iii) Out of the total 22 prosecution witnesses cited in the final report, none has been examined till date. (iv) The petitioner is not involved in any other criminal case, (v) No fruitful purpose would be served by keeping the petitioner behind the bars, (vi) Trial is not likely to conclude anytime soon. FINAL ORDER
¶11Considering the hereinabove made discussion, this Court deems it appropriate to grant the concession of regular bail to the petitioner. Therefore, without commenting upon the merits and circumstances of the present case, the present petition is allowed. The petitioner is ordered to be released on bail on furnishing of bail bond and surety bond to the satisfaction of concerned Chief Judicial Magistrate/trial Court/Duty Magistrate.
¶12However, anything observed here-in-above shall have no effect on the merits of the trial, and is only meant for deciding the present petition.
¶13All pending application(s) stand disposed of accordingly. (KULDEEP TIWARI)
28.02.2024 JUDGE amandeep Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No
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