Amritpal Singh Alias Harry v. State of Punjab

ANOOP CHITKARA, J. FIR No. Dated Police Sta,on Sec,ons 92 01.11.2024 Garhdiwal, District 117(2), 351(2), 3(5) of BNS (Secton Hoshiarpur 110 of BNS added later on)

¶1The pettoner apprehending arrest in the FIR captoned above has come up before this Court under Secton 482 of Bharatya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking antcipatory bail.

¶2In paragraph 3(C) of the bail petton, the accused declares that he has no criminal antecedents.

¶3The facts and allegatons are being taken from the translated copy of FIR (Annexure P-1), which reads as follows: "Statement of one Gurkanwal Singh son of Balwinder Singh Resident of Village Mallewal Police Staton Gardiwala District Husiarpur Age about 21 years Mob. 82830-xxxxxx Declared that I am a resident of the said address and doing agricultural work. On 30-10-2024 I and my uncle Malkit Singh son of Sewa Singh, aged about 45 years, resident of Mallewal police staton, Gardiwala district Husiarpur, both on our respectve Ford tractors, were going to Gurbaj Singh alias Baj, a resident of Mallewal, which is outside the village, where they went to get the cement pipe, my uncle Malkit Singh took the tractor and parked it in the order/judgment. 1 nearby field and the tractor I started to put down the cow-dung loaded it behind, in the meanwhile, my uncle Malkit Singh received a call on his mobile phone in which Varinderpal Singh alias Vicky, son of Manjit Singh, a resident of Mallewal police staton, Gardiwala, called and started abusing my uncle, and my uncle also got angry and spoke badly to him. It would be around 8-15 AM that Varinderpal Singh alias Vicky and his cousin Amritpal Singh alias Harry son of Hardeep Singh resident of Malewal police staton Gardiwal own their enfield motor cycle and came to the village. As soon as they came, they started abusing and started manhandling my uncle. During this, Varinderpal Singh @ Vicky hit my uncle Malkit Singh on the back with his Kirpan and Amritpal Singh son of Hardeep Singh, holding Baseball in his hand, hit him on the head with the intenton of killing him which hit the back of my uncle's head. He stepped on the side and my uncle fainted on the ground but fell down. I screamed killed killed. Then these individuals fled on their motorcycles along with their weapons. I called my brother and told him the whole story. A9er that, we both put our uncle in the car in an unconscious state and went to Civil Hospital Bhunga for treatment. On the way, we put our aunt Manjit Kaur in the car. When we reached Mastwal Road, the two men were standing in their car with Manjit Singh, father of accused Vicky, who tried to stop our vehicle and threatened to kill us if we drove our car and brought him to Civil Hospital Bhunga where the doctor gave first aid to my uncle Malkit Singh conducted his MLR, due to my uncle Malkit Singh's head injury, doctor Sahib wrote to take him to a big hospital, and we arranged an ambulance and admi=ed my uncle to Armaan Hospital Jalandhar near Footwal Chowk Jalandhar for treatment. Given where my uncle Malkit Singh is undergoing treatment and that the accused perons have inflicted injuries on my uncle Malkit Singh due to the land dispute against whom legal acton should be taken."

¶4Counsel for the pettoner prays bail on the ground that the ma>er has been compromised with all the victms. He further prays for bail by imposing any stringent conditons and contends that further pre-trial incarceraton would cause an irreversible injustce to the pettoner and his family.

¶5Counsel for the complainant submits that she would have no objecton if the present petton is allowed. However, State counsel opposes the bail and submits that the offence is serious in nature and is a>empt to culpable homicide. He further submits order/judgment. 2 that out of Court compromise is violaton of Sectons 216/217 of BNS, 2023. He further submits that in case, this Court grants bail to the pettoner, it should be clear that the order of bail should not be estoppel for the prosecuton to launch proceedings under Sectons 217/218 of BNS, 2023, against the complainant, if so required.

¶6Given the nature of allegatons coupled with the fact that partes have compromised the ma>er, it is a cross-version case and that one of the co-accused has been granted bail by this Court vide order dated 07.01.2025 passed in CRM-M-64815-2024, there is no need to call for any status report from the State and this Court would not deny bail, however, it is clarified that this bail order shall neither be considered as a reason to quash the FIR nor shall come as hinderance in the way of the prosecuton or the Court in case, there is violaton of Sectons 216/217 of BNS 2023 (181/182 IPC earlier). REASONING:

¶7Pre-trial incarceraton should not be a replica of post-convicton sentencing. The evidence might be prima facie sufficient to launch prosecuton or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of antcipatory bail. An analysis of the above does not justfy custodial interrogaton or pre-trial incarceraton.

¶8Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allegatons, compromised the ma>er and the other factors peculiar to this case, there would be no justfiability for custodial interrogaton or the pre-trial incarceraton at this stage.

¶9Without commentng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentoned above, the pettoner makes a case for bail.

¶10Given above, provided the pettoner is not required in any other case, the pettoner shall be released on antcipatory bail in the FIR captoned above subject to furnishing bonds to the satsfacton of the Arrestng Officer, and if the ma>er is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before acceptng the surety, the concerned Officer/Court must be satsfied that if the accused fails to appear, such surety can produce the accused.

¶11While furnishing a personal bond, the pettoner shall menton the following personal identficaton details: order/judgment. 3

¶1AADHAR number

¶2Passport number (If available) and when the a>estng officer/court considers it appropriate or considers the accused a flight risk.

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶12This order is subject to the pettoner's complying with the following terms.

¶13The pettoner is directed to join the investgaton within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Investgator. The pettoner shall be in deemed custody for Secton 27 of the Indian Evidence Act, 1872/ Secton 23 of BSA, 2023. The pettoner shall join the investgaton as and when called by the Investgatng Officer or any Superior Officer and shall cooperate with the investgaton at all further stages as required. In the event of failure to do so, the prosecuton will be open to seeking cancellaton of the bail. During the investgaton, the pettoner shall not be subjected to third-degree, indecent language, inhuman treatment, etc.

¶14The pettoner shall abide by all statutory bond conditons and appear before the concerned Court(s) on all dates. The pettoner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court.

¶15In case the Investgator/Officer-In-Charge of the concerned Police Staton arraigns another secton of any penal offense in this FIR, and if the new secton prescribes a maximum sentence that is not greater than the sectons mentoned above, then this bail order shall be deemed to have also been passed for the newly added secton(s). However, suppose the newly inserted sectons prescribe a sentence exceeding the maximum sentence prescribed in the sectons mentoned above; then, in that case, the Investgator/Officer-In-Charge shall give the pettoner notce of a minimum of seven days, providing an opportunity to avail the remedies available in law.

¶16This bail is conditonal, and the foundatonal conditon is that if the pettoner indulges in any non-bailable offense, the State may file an applicaton for cancellaton of this bail before the Sessions Court, which shall be at liberty to cancel this bail.

¶17The concerned trial court is authorized to delete, modify, or relax any of the above conditons and shall be competent to do so in accordance with the law.

¶18Any observaton made hereinabove is neither an expression of opinion on theJYOTI order/judgment. 4 case's merits nor shall the trial Court advert to these comments.

¶19A certfied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pettoner can download this order along with case status from the official web page of this Court and a>est it to be a true copy. If the a>estng officer wants to verify its authentcity, such an officer can also verify its authentcity and may download and use the downloaded copy for a>estng bonds.

¶20Pe,,on allowed in terms mentoned above. All pending applicatons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

07.02.2025 Jyot-II Whether reportable: No. order/judgment. 5

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 115 CRM-M-7212-2025 Date of Decision: 07.02.2025 Amritpal Singh @ Harry ...Pettoner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Mitul Singh Rana, Advocate for the pettoner. Mr. Sukhdev Singh, A.A.G, Punjab. Ms. Ashu Rana, Advocate for the complainant. ****