Manpreet Singh Alias Kala v. State of Punjab

ANOOP CHITKARA, J. FIR No. Dated Police Sta1on Sec1ons 11 07.02.2024 Nihal Singh Wala, Dis/. Moga 379-B, 341, 34 IPC

¶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 12 of the bail pe!!on, the accused declares that he has no criminal antecedents.

¶3The facts and allega!ons are being taken from the status report filed by the State, which reads as follows: "3. That it is respectfully submi:ed that the instant case bearing FIR No.11 dated 07.02.2024 under Sec$ons 379B, 341 and 34 IPC registered at Police Sta$on Nihal Singh Wala, was ini$ally registered against 03 (three) unknown accused persons, based on the statement of Complainant Sarban Singh son of Ganga Singh son of Sohan Singh, resident of Kotli Mallian, Kathu Nangal, District Amritsar wherein, the said complainant stated that he is resident of above men$oned address and he has one son and five daughters and his son Jagraj Singh had died about one year ago. Complainant further stated that now, he is working as driver for last six order/judgment. 1 months, one canter bearing registra$on No. PB-05AN-6755, belonging to Naurang Transport Company, Kot-Ise-Khan and he used to go to Modem Dairy Karnal (Haryana) alone, a>er ge?ng the milk filled from Baani Dairy, Kot-Ise-Khan. Complainant further alleged that on 07.02.2024, at about 1.00 AM; as per his rou$ne, a>er ge?ng filled 18340 litre milk in the canter, he started from Kot Ise Khan to Karnal (Haryana) and when he reached ahead of bridge Himmatpura, on Barnala side, then driver of a Mahindra Pick Up brought his vehicle parallel to his canter and tried to waylay the vehicle of the complainant accelerated the canter and therea>er, driver of Mahindra Pick-up stopped his vehicle in front of the canter and asked him to open the window. In the mean$me, three unknown persons alighted from Mahindra Pick-Up and started opening the window and a>er opening the window, they caught hold of the complainant Sarban Singh and with inten$on to snatch the vehicle, they made complainant sit on the passenger seat of the canter and a>er taking the canter aside, they took away milk from the canter and an amount of Rs.700/- was also snatched by them from his purse and some diesel was also taken out by them from the canter and a>er closing the windows, they all went away from there on their Mahindra Pick Up. Due to fear, he had taken his canter to some distance and therea>er had disclosed about the incident to the owner Ram Lubhaya, through mobile phone and on asking of the owner, he took away his canter to the centre at Fagguwala, Sangrur and had measured the milk and it was found that 1860 litre of milk and 100 litre diesel was stolen by the abovemen$oned 03 unknown accused persons."

¶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 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: "7. (A) The role of the pe$$oner On 07.02 2024, accused/pe$$oner Manpreet Singh @ Kala along with his two associates in a Mahindra Pick Up vehicle way laid the milk tanker filled with 18340 litre milk being driven by the complainant who was going order/judgment. 2 from Kat Ise Khan to Karnal (Haryana) and reached just ahead of bridge Himmatpura, on Barnala side and all the accused including the pe$$oner commi:ed snatching of 1860 litre of milk, 100 litre diesel and Rs.700/- from the driver Sarban Singh by waylaying his Milk canter No. PB-05AN-6755 took out the milk and filled it in the drums and also snatched his wallet containing Rs.700/- and also removed diesel from the tank and escaped in their Mahindra Pick Up.

(B). The evidence against the pe$$oner During the inves$ga$on, scien$fic methods were used and the presence of the accused persons at the place of occurrence, at the relevant $me was established from the mobile network tower loca$ons of the complainant Sarban Singh and that of the accused. It is further submi:ed here that during the ini$al inves$ga$on of the case, electronic evidence has been collected and that as per the call records of the accused/pe$$oner, his presence is reflected at the given point of $me near place of occurrence i.e. between Village Ramgarh and Barnala and even his call record tallies with the version as stated by the complainant. The occurrence is of intervening night and the call details are establishing the presence of the accused/pe$$oner and co-accused person near the place of occurrence during the relevant $me."

¶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.

¶8As per paragraph 7 of the bail pe!!on, the pe!!oner has been in custody since

10.06.2024. As per the custody cer!ficate dated 07.12.2024, the pe!!oner's total custody in this FIR is around six months.

¶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. This order shall come into force from the !me it is uploaded on this Court's official webpage.

¶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 order/judgment. 3 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 considers the accused a flight risk.

¶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 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.

¶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

17.12.2024/Jyo1-II Whether reportable: No. order/judgment. 4

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 09.12.2024 Pronounced on: 17.12.2024 Manpreet Singh @ Kala ...Pe!!oner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Raghav Soni, Advocate for Mr. Sandeep Kumar Bokolia, Advocate, for the pe!!oner. Mr. Sukhdev Singh, AAG, Punjab. ****