- Court
- High Court of Punjab and Haryana
- Decided
- 16 September 2024
- Bench
- Harpreet Singh Brar
- Case no.
- CRM-M 44909/2024
Judgment
HARPREET SINGH BRAR, J. (ORAL)
1. This is first petition filed under Section 483 BNSS praying for grant of concession of regular bail pending trial in case FIR No.08 dated
16.01.2022 registered under Sections 363/366 of Indian Penal Code (latter on offence under Sections 376, 120-B IPC and Section 4 of POCSO Act added) (reduced Section 366 IPC and Section 366-A IPC added) at Police Station Kotbhai, Distric Sri Muksar Sahib, Punjab.
2. Brief facts of the prosecution case, as alleged are that on
14.01.2022 at 2 O'clock, minor daughter, aged about 17 years, of the complainant suddenly left home. When the complainant searched for his daughter, he came to know that one Lovedeep Singh S/o Kuldeep Singh (petitioner herein) had absconded with his minor daughter, by luring her on the pretext of marriage. Hence, the FIR (supra) was registered. CRM-M-44909-2024 2
3. Learned counsel for the petitioner inter alia contends that the petitioner has been falsely implicated in the FIR (supra) and he is behind the bars since 20.01.2022. The investigating agency has already concluded the investigation and presented the final report. The co-accused of the petitioner was granted bail by this Court on 04.09.2023 in case bearing CRM-M-53817 of 2022 titled as Vakeel Singh versus State of Punjab (Annexure P-5). Learned counsel further submits that during the course of the trial, the complainant, prosecutrix and her mother have been examined by the prosecution as PW-1 to PW-3 respectively, all of them are star witnesses of the prosecution and have not supported the case of the prosecution. They have been declared hostile by learned Public Prosecutor and their statements are available on record as Annexures P-2 to P-4 respectively. Furthermore, at the time of alleged incident, the petitioner was less than 18 years of age and he has undergone more than 02 years 07 months and is not involved in any other criminal activity. The prosecution has not been able to conclude its evidence.
4. Per contra, learned State counsel produces custody certificate, which is taken on record and opposes the grant of regular bail to the petitioner on the ground that there are specific allegations against him and there is sufficient material available on record to indicate the complicity of the petitioner. Further, the prosecutrix was minor at the time of alleged incident. However, he could not controvert the fact that the petitioner is not involved in any other case.
5. Having heard learned counsel for the parties and after perusing the record of the case with their able assistance, it transpires that the petitioner is behind the bars since 21.01.2022. The investigating agency has already concluded the investigation and has submitted the final report under Section CRM-M-44909-2024 3
173 Cr.P.C. The trial of the case has not even reached halfway mark as only 04 out of 28 prosecution witnesses have been examined so far. The culpability, if any, would be determined at the time of trial. Keeping the petitioner in further detention without the prospect of the trial being concluded in the near future, would be violative of his rights under Article 21 of the Constitution of India.
6. The foundational concept of the criminal jurisprudence is to ensure speedy trial. Hon'ble the Supreme Court has repeatedly reiterated that right to speedy trial is enshrined in Article 21 of the Constitution of India. Speedy trial would cover investigation, enquiry, trial, appeal, revision and retrial etc. i.e. everything starting with the accusation against the accused and expiring with the final verdict of the last court.
7. It has further been held in law that if a person is deprived of his liberty under a procedure which is not reasonable, fair, or just, such deprivation would be violative of his fundamental right under Article 21 of the Constitution of India. The procedure so prescribed must ensure speedy trial for determination of the guilt of such person. Some amount of denial of personal liberty cannot be avoided, but if the period of deprivation pending trial becomes excessively long. the fairness guaranteed by Article 21 of the Constitution of India would come into play.
8. In this regard, reference is being made to the law laid down by Hon'ble Supreme Court of India in the context of right to speedy trial under Article 21 of the Constitution of India on the following decision:- Akhtari Bi Vs. State of M.P., (2001) 4 SCC 355, Surinder Singh Alias Shingara Singh vs. State of Punjab, (2005) SCC (Crl) 1674, P. Ramachandra Rao vs. State of Karnataka, (2202) 4 SCC 578, Babu Singh and others vs. State of U.P.,
(1978) 1 SCC 579, Takht Singh and others vs. State of M.P., (2001) 10 SCC CRM-M-44909-2024 4
463; Special Leave to Appeal (Crl) No.2356 of 2010, Kushal Singh vs. State of U.P. (2JJ.) and Fazal vs. State of Uttar Pradesh, (2012) 5 SCC 752.
9. A two Judge Bench of Hon'ble Supreme Court in 'Satender Kumar Antil v. CBI' (2022) 10 SCC 51, with respect to prevailing conditions of undertrial prisoner in India has observed: "6. Jails in India are flooded with undertrial prisoners. The statistics placed before us would indicate that more than 2/3rd of the inmates of the prisons constitute undertrial prisoners. Of this category of prisoners, majority may not even be required to be arrested despite registration of a cognizable offence, being charged with offences punishable for seven years or less. They are not only poor and illiterate but also would include women. Thus, there is a culture of offence being inherited by many of them. As observed by this Court, it certainly exhibits the mindset, a vestige of colonial India, on the part of the investigating agency, notwithstanding the fact arrest is a draconian measure resulting in curtailment of liberty, and thus to be used sparingly. In a democracy, there can never be an impression that it is a police State as both are conceptually opposite to each other."
10. In view of the above, the present petition is allowed. Thus, without commenting upon the merits of the case lest it may prejudice the outcome of the trial, petitioner-Lovedeep Singh is ordered to be released on regular bail during trial on his furnishing bail bonds/surety bonds to the satisfaction of Illaqa Magistrate/Trial Court.
11. The present petition seeking regular bail to the petitioner is allowed solely on the ground of long custody already undergone by him and without commenting on the merits of the case lest it may prejudice the outcome of the case pending before learned trial Court.
12. Nothing observed hereinabove shall be construed to be an CRM-M-44909-2024 5
expression of opinion by this Court lest it may prejudice the trial. The learned trial Court is directed to proceed with the trial on its own merits, strictly in accordance with law.
(HARPREET SINGH BRAR) September 16, 2024 JUDGE manisha
(i) Whether speaking/reasoned Yes/No
(ii) Whether reportable Yes/No
Case details
Parties and counsel
208 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-44909-2024 Date of decision: 16.09.2024 LOVEDEEP SINGH ...PETITIONER V/S STATE OF PUNJAB ...RESPONDENT CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Saurabh Singla, Advocate for Ms. Jainika Jain, Advocate for the petitioner. Mr. Rishabh Singla, AAG, Punjab. 0000
Source: High Court of Punjab and Haryana, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.