Jugraj Singh Alias Jaggu v. State of Punjab

ANOOP CHITKARA, J. FIR No. Dated Police Station Sections 42 24.10.2024 Kacha Pacca, District 25(6), 25(7) (i), 25(8) of Arms Act, Tarn Taran 1959 (Sec!on 249 of BNS added later on)

¶1The pe!!oner apprehending arrest in the FIR cap!oned above has come up before this Court under Sec!on 482 of Bhara!ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an!cipatory bail.

¶2In paragraph 9 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: "4. That true facts leading to this case are that the investgatng officer namely ASI Gurmit Singh along with police officials in connecton with special nakabandi were present at Surwind Chowk and were doing checking of different vehicles. A$er some tme, one motorcycle Honda Dream, Colour Black without number plate was seen coming from Dayalpur side on which two clean shaven persons were riding, to whom ASI Sukhwinder Singh No.308/TT gave signal to stop. Then, the person who was driving the motorcycle tried to turn back at once. Then, the investgatng officer apprehended them with the help of fellow officials order/judgment. 1 and asked for their name and address. Then, the motorcyclist disclosed his name Ranjit Singh @ Jeeta son of Onkar Singh, resident of Chagawan Sadhpur, P.S. Ma5ewal and the person who was pillion rider disclosed his name as Gurpreet Singh @ Gopi son of Harjit Singh, resident of village Chagawan Sadhpur, P.S. Ma5ewal. At the tme of conductng the search of motorcyclist Ranjit Singh, the investgatng officer while complying with the provisions of Secton 105 of BNSS in his mobile in E-Saksha App and started videography with the help of fellow official. On search from his right pocket of wearing pant, 7 live cartridges 30 bore were recovered and at the tme of conductng the search of above said Gurpreet Singh, from the right pocket of his wearing pant, 6 live cartridges 30 bore were recovered. The above said persons neither produce any proof regarding recovered cartridges nor produce any documents of motorcycle. On asking strictly the above said persons disclosed that they have brought the above said cartridges from their village and a$er taking the pistol from some person of village Baltoha, firing was to be done for ransom and in this regard, the present case FIR No.42 dated 24.10.2024, under secton 25(6)/25(7)(1)/25(8) of the Arms Act has been registered at police staton Kacha Pacca, District Tarn Taran against the accused namely Ranjit Singh alias Jeeta and Gurpreet Singh alias Gopi."

¶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: "5. That during the course of interrogaton of the accused Gurpreet Singh alias Gopi and Ranjit Singh, the co-accused Gurpreet Singh alias Gopi voluntarily suffered his disclosure statements before the investgatng officer to the effect that "Mohabbat Singh son of Kulwinder Singh, Caste Jat, resident of Nath Ki Khuhi, P.S. Mehta had given 6 live cartridges 30 bore and had said that he has to go in District Tarn Taran where Jugraj Singh @ Jaggu son of Satnam Singh, resident of Bhangala will meet him and he will arrange for his stay and he will call him that to whom these cartridges are to be given" and the co-accused Ranjit Singh voluntarily suffered his disclosure statement before the investgatng officer to the order/judgment. 2 effect that "Mohabbat Singh son of Kulwinder Singh, Caste Jat, resident of Nath Ki Khuhi, P.S. Mehta had given 7 live cartridges 30 bore and had said that he has to go in District Tarn Taran where Jugraj Singh @ Jaggu son of Satnam Singh, resident of Bhangala will meet him and he will arrange for his stay and he will call him that to whom these cartridges are to be given and he was going to give these cartridges and has been apprehended along with cartridges" and on the basis above said disclosure statements, the pettoner namely Jugraj Singh alias Jaggu and co-accused Mohabbat Singh have been nominated in the present case vide DDR No.15 dated

27.10.2024. ROLE OF THE PETITIONER:

¶7That as far as role of the pettoner namely Jugraj Singh alias Jaggu is concerned, it is submi5ed that illegal ammuniton had been recovered from the co-accused Ranjit Singh and Gurpreet Singh and they had further revealed that the pettoner was to arrange for their stay tll they received further instructons as to whom the cartridges were to be delivered and since it is indicatve of the existence of notorious syndicate which is dealing in illegal arms trade and there is every possibility that the investgaton will be derailed in case the antcipatory bail is granted to the pettoner. As such, the pettoner has commi5ed the serious offence and he is not enttled for the concession of antcipatory bail and the custodial interrogaton of the pettoner is utmost required in the present case in order to trace the other accused who are involved in the present case and further to bring the investgaton of the present case to its logical conclusion. EVIDENCE AGAINST THE PETITIONER:

¶8That it is submi5ed that as far as evidence against the pettoner is concerned, it is submi5ed that illegal ammuniton has been recovered from the co-accused Ranjit Singh and Gurpreet Singh which they were going to deliver to the pettoner and further, a$er making arrest of the pettoner appropriate investgaton will be conducted against him. Moreover, there is sufficient evidence against the pettoner and he is likely to be convicted in the present case."

¶7The evidence against the pe!!oner is in the shape of disclosure statement of co-accused Ranjit Singh, who had confessed in custody before the police officials about the pe!!oner that he said he will arrange for their stay. order/judgment. 3

¶8Pre-trial incarcera!on should not be a replica of post-convic!on sentencing. The evidence might be prima facie sufficient to launch prosecu!on or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of an!cipatory bail. An analysis of the above does not jus!fy custodial interroga!on or pre-trial incarcera!on.

¶9Given the above, the penal provisions invoked 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 custodial interroga!on or the pre-trial incarcera!on at this stage.

¶10The pe!!oner's bail shall not be treated as a precedent for gran!ng bail to the other co-accused with a higher role.

¶11Without 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.

¶12Given 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 Arres!ng Officer, and if the maGer is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep!ng the surety, the concerned Officer/Court must be sa!sfied that if the accused fails to appear, such surety can produce the accused.

¶13While 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 aGes!ng officer/court considers it appropriate or considers the accused a flight risk.

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶14This order is subject to the pe!!oner's complying with the following terms. The 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.JYOTI order/judgment. 4

¶15The 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 pe!!oner shall be in deemed custody for Sec!on 27 of the Indian Evidence Act, 1872/ Sec!on 23 of BSA, 2023. The pe!!oner shall join the inves!ga!on as and when called by the Inves!ga!ng Officer or any Superior Officer and shall cooperate with the inves!ga!on at all further stages as required. In the event of failure to do so, the prosecu!on will be open to seeking cancella!on of the bail. During the inves!ga!on, the pe!!oner shall not be subjected to third-degree, indecent language, inhuman treatment, etc.

¶16In case the Inves!gator/Officer-In-Charge of the concerned Police Sta!on arraigns another sec!on of any penal offense in this FIR, and if the new sec!on prescribes a maximum sentence that is not greater than the sec!ons men!oned above, then this bail order shall be deemed to have also been passed for the newly added sec!on(s). However, suppose the newly inserted sec!ons prescribe a sentence exceeding the maximum sentence prescribed in the sec!ons men!oned above; then, in that case, the Inves!gator/Officer-In-Charge shall give the pe!!oner no!ce of a minimum of seven days, providing an opportunity to avail the remedies available in law.

¶17This 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 have the liberty to cancel this bail.

¶18Any observa!on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶19A 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 aGest it to be a true copy. If the aGes!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 aGes!ng bonds.

¶20Petition allowed in terms men!oned above. All pending applica!ons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

28.01.2025 Jyo!-II Whether reportable: No. order/judgment. 5

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 14.01.2025 Pronounced on: 28.01.2025 Jugraj Singh @ Jaggu ...Pe!!oner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Sukhmeet Singh, Advocate, for the pe!!oner. Mr. Jasjit Singh, DAG, Punjab. ****