Kaludin v. State of Punjab

ANOOP CHITKARA, J. FIR No. Dated Police Sta/on Sec/ons 132 19.07.2024 Sadar Hoshiarpur, 61(2), 216, 318(4), 336(3), Punjab 337, 340(2), 339 of BNS 2023

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

¶2In paragraph 9 of the bail pe!!on, the accused declares that he has no criminal antecedents, however, as per paragraph 6 of the status report, the accused has the following criminal antecedents: Sr. No. FIR No. Date Offenses Police Sta/on 1 93 03.05.2021 323, 324, 354, 326, 34 Model Town, Hoshiarpur IPC 2 299 18.11.2022 21/61/85 of NDPS Act Model Town, Hoshiarpur

¶3The facts and allega!ons are being taken from the reply filed by the State, which reads as follows: "That it is submited that FIR No.132 dated 19.07.2024, under Sec!on 61(2), 216, 318(4), 336(3), 337, 340(2), 339 of Bhara!ya Nagarik Suraksha Sanhita, 2023, was registered at Police Sta!on Sadar, Hoshiarpur, against pe!!oner Kaludin, Yashpal, Vipin Kumar, and Amrik Singh on the basis of direc!on issued vide leter No.794 dated 19.07.2024 by the Chief Judicial Magistrate, Hoshiarpur that in case FIR No.65 dated

26.04.2020, under Sec!on 460, 148, 149, 302, 411, 34 of Indian Penal JYOTI Code, Police Sta!on Bullowal, Hoshiarpur, an applica!on was moved for order/judgment. 1 confirma!on of order dated 02.07.2024 of the Hon'ble High Court and to accept the bail bonds of accused Surinder Singh alias Sunny. The Hon'ble High Court had ordered to release accused Surinder Singh alias Sunny on record bail subject to his furnishing personal bond with two sure!es of the like amount and one surety shall be resident of District Hoshiarpur to the sa!sfac!on of the Chief Judicial Magistrate/Duty Magistrate. The order was verified and the accused Surinder Singh @ Sunny was directed to furnish bail bonds in the sum of One Lakh with two sure!es including one surety residing at Hoshiarpur alongwith affidavit of the accused men!oning condi!ons detailed in the bail order. Accordingly, two surety bonds were furnished by Yashpal and Vipin Kumar. They were iden!fied by pe!!oner-Kaludin and Lambardar Amrik Singh. Alongwith surety bonds of Yashpal, Jamabandi for the year 2022-23 of village Bhangala was filed. In both the surety bonds there were valua!on applica!ons addressed to the Tehsildar, Mukerian. But the same did not bear signatures of the applicant. Due to doubCul nature of the documents, the Reader of the Court upon direc!on by the Learned Magistrate verified the genuineness of the documents from Tehsildar Mukerian. He submited report that signature and stamp of Tehsildar Mukerian is not genuine as has been verified from Sh.Amritvir Singh, Tehsildar, Mukerian. Upon issuance of a direc!on, the Tehsildar Mukerian appeared in the court and aEer going through the valua!on applica!on and iden!ty card of Lambardar Amrik Singh, he made statement that his signature as well as stamp of the Tehsildar on the valua!on leter and iden!ty card of the Lambardar are forged and fabricated. By submiFng surety bonds, Vipin Kumar and Yashpal who were iden!fied and atested by Amrik Singh Lambardar and Kaludin entered into criminal conspiracy to get Surinder Singh alias Sunny released from custody on the basis of forged and fabricated documents which were produced in judicial proceedings. Thereupon, direc!on was issued for registra!on of the FIR."

¶4The pe!!oner's counsel prays for bail by imposing any stringent condi!ons and contends that further pre-trial incarcera!on would cause an irreversible injus!ce to the pe!!oner and their family.

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

¶6It would be appropriate to refer to the following por!ons of the reply, which read as follows: order/judgment. 2 "That it is submited that the bail bonds were furnished alongwith forged and fabricated documents of co-accused Vipin Kumar and Yashpal to get accused Surinder Singh alias Sunny released from custody in a case under Sec!on 460, 148, 149, 302, 411, 34 of Indian Penal Code, Police Sta!on Bullowal, Hoshiarpur and as per order dated 02.07.2024 of the Hon'ble High Court gran!ng bail to him on his furnishing personal bond with two sure!es in the like amount out of which, one was required to be resident of District Hoshiarpur. The pe!!oner alongwith his co-accused Lambardar Amrik Singh had atested/iden!fied the abovesaid sure!es Vipin Kumar and Yashpal. The pe!!oner is guilty of commiFng the offences of the present case aEer entering into criminal conspiracy to get accused Surinder Singh alias Sunny released on bail on the basis of forged and fabricated documents in a serious offence and that too in viola!on of order of the Hon'ble High Court. The pe!!oner was arrested at the spot. Therefore, it is wrong to suggest that the pe!!oner has commited the crime in ques!on without any intent or mens-rea, as such the present pe!!on is liable to be dismissed." REASONING:

¶7There is sufficient primafacie evidence connec!ng the pe!!oner with the alleged crime. However, pre-trial incarcera!on should not be a replica of post-convic!on sentencing.

¶8Per paragraph 6 of the bail pe!!on, the pe!!oner has been in custody since

19.07.2024. As per the custody cer!ficate dated 05.02.2025, the pe!!oner's total custody in this FIR is 06 months & 12 days.

¶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.

¶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 order/judgment. 3 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 aHes ng officer/court considers it appropriate or considers the accused a flight risk.

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶13The pe

oner shall abide by all statutory bond condi ons and appear before the concerned Court(s) on all dates. The pe

oner 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.

¶14This bail is condi onal, and the founda onal condi on is that if the pe

oner

indulges in any non-bailable offense, the State shall file an applica on for cancella on of this bail before the Sessions Court, which shall have the liberty to cancel this bail.

¶15The concerned trial court is authorized to delete, modify, or relax any of the above condi ons and shall be competent to do so in accordance with the law.

¶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 aHest it to be a true copy. If the aHes 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 aHes ng bonds.

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

14.02.2025 Jyo!-II order/judgment.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 06.02.2025 Pronounced on: 14.02.2025 Kaludin ...Pe!!oner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Manoj K. Sharma, Advocate for the pe!!oner. Mr. Jasjit Singh, DAG, Punjab. ****