Jodha Singh @ Ranjodh Singh v. State of Punjab

ANOOP CHITKARA, J. FIR No. Dated Police Sta1on Sec1ons 114 31.07.2022 Sadar Pa+, District Tarn Taran 304, 34 IPC

¶1The pe!!oner incarcerated in the FIR cap!oned above had come up before this Court under Sec!on 483 of Bhara!ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.

¶2As per paragraph 12 of the bail applica!on, the accused has the following criminal antecedents: Sr. No. FIR No. Dated Offenses Police Sta1on

¶114 09.01.2024 21 (C), 61/85 of NDPS Act Goindwal Sahib, Dis?. Tarn Taran

¶3The facts and allega!ons are being taken from the status report filed by the State, which reads as follows: "3. That the true facts pertaining to the present case are that the complainant namely Jajbir Singh son of Swaran Singh got recorded his statement before the Investgatng Officer to the effect that they are three brothers. He is elder, then Nirmal Singh, and Gursahib Singh whose age is about 32-33 years, is youngest. His brother Gursahib Singh had fallen into bad company around one year ago and started taking drugs. On 31.07.22, order/judgment. 1 his brother Gursahib Singh said to him that he is going to the house of Jodha Singh son of Lakhwinder Singh @ Lakkha i.e. the pettoner who is resident of their village, who le/ the house with Rs.200/-. Around 9:00 AM, he was going to Bhai Laddhu Khurd for his work, near village crematon grounds which are on the road near the bus stop, his brother Gursahib Singh and Jodha Singh were si8ng together there. He asked his brother what is he doing here? he replied that he had some work with Jodha. He went away from there. Later, he came to know that his brother Gursahib Singh was given an overdose injecton of drugs by Jodha Singh, who is addicted and used to sell drugs, due to which, he died. Jodha Singh le/ the dead body at their house and fled. When he came to know, he came home and found his brother's dead body lying at home. He checked his body and found an injecton mark on the wrist of his le/ arm. His brother Gursahib Singh's death occurred due to the drug injecton given by Jodha Singh and strict legal acton should be taken against him. In this regard, the present case FIR No.114 dated 31.07.2022, under Secton 304 of IPC has been registered at Police Staton Sadar Pa8, District Tarn Taran against the pettoner namely Jodha Singh."

¶4Counsel for the pe!!oner submits that he has no objec!on if this Court while gran!ng bail imposes any stringent condi!ons including surrender of fire arms, if any. On instruc!ons, counsel further submits that pe!!oner shall not repeat the offence and would not involve himself in the offence, where the sentence is more than 7 years and if he does so, he has no objec!on if the State files an applica!on for cancella!on of bail. He further contends that further pre-trial incarcera!on would cause an irreversible injus!ce to the pe!!oner and his family.

¶5The State's counsel opposes bail and refers to the status report.

¶6It would be appropriate to refer to the following por!ons of the status report, which read as follows: "EVIDENCE AGAINST THE PETITIONER:

¶14That as far as evidence against the pettoner is concerned, it is submiCed that there are direct allegatons against the pettoner as the pettoner has been nominated on the basis of statement got recorded by the complainant. Moreover, the cause of death in the present case has also been received, as such, there is ample evidence against the order/judgment. 2 ROLE OF THE PETITIONER:

¶15That as far as role of the pettoner is concerned, it is submiCed that the pettoner namely Jodha Singh has absented himself from the learned Trial Court for long tme and even then, he did not bother to surrender before the learned Trial Court for facing the trial and if the pettoner will be released on bail, there is every chance that he can abscond. Moreover, the pettoner has also been declared proclaimed offender in the present case. As such, the pettoner is certainly not enttled for the concession of regular bail." REASONING:

¶7The pe!!oner was earlier on bail; however, he failed to appear, which led to the cancella!on of the bail vide order dated 04.07.2024, passed by the trial Court.

¶8The pe!!oner was earlier granted bail, and as such, this court is inclined to grant bail subject to the strict condi!on that the pe!!oner shall not remain absent from the trial even on a single day and subject to compliance with the following condi!ons.

¶9Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allega!ons, and the other factors peculiar to this case, there would be no jus!fiability for further pre-trial incarcera!on at this stage.

¶10Without commen!ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men!oned above, the pe!!oner makes a case for bail. CONDITIONS:

¶11Given above, provided the pe!!oner is not required in any other case, the pe!!oner shall be released on bail in the FIR cap!oned above subject to furnishing bonds to the sa!sfac!on of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep!ng the surety, the concerned Court must be sa!sfied that if the accused fails to appear, such surety can produce the accused.

¶12While furnishing a personal bond, the pe!!oner shall men!on the following personal iden!fica!on details:

¶1AADHAR number

¶2Passport number (If available) and when the a?es!ng officer/court considers it appropriate or order/judgment. 3

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶13This order is subject to the pe!!oner's complying with the following terms.

¶14The pe!!oner shall a?end the Trial on every date and shall not seek any adjournment.

¶15This bail is condi#onal, and the founda#onal condi#on is that if the pe##oner indulges in any non-bailable offense, the State may file an applica#on for cancella#on of this bail before the Sessions Court, which shall be at liberty to cancel this bail.

¶16Any observa!on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶17A cer!fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe!!oner 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?es!ng officer wants to verify its authen!city, such an officer can also verify its authen!city and may download and use the downloaded copy for a?es!ng bonds.

¶18Pe11on allowed in terms men!oned above. All pending applica!ons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

08.07.2025 Jyo!-II Whether reportable: No. order/judgment. 4

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 01.07.2025 Pronounced on: 08.07.2025 Jodha Singh @ Ranjodh Singh ...Pe!!oner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Mandeep Dhot, Advocate, for the pe!!oner. Mr. Jasdev Singh Thind, DAG, Punjab. ****