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Sukha Singh @ Surjit Singh (Minor) v. State of Punjab

Punjab & Haryana HC12 Dec 2023CRM-M/62353/2023

Case brief

AI extract

What is this about?

High Court of Punjab and Haryana granted anticipatory bail to a 15-year-old minor accused in a case alleging violent entry and assault. The court imposed strict conditions including personal bond or fixed deposit, attendance obligations, and cooperation with investigation, while minimizing reliance on traditional sureties.

What did the court decide?

Petitioner released on bail in FIR No. 112 with conditional bonds, fixed deposit option, specific ID requirements, and direction to join investigation within seven days.

Sukha Singh @ Surjit Singh (Minor) Vs State of Punjab — Bail and Remand | Punjab & Haryana HC (2023)

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CRM-M-62353-2023

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119 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-62353-2023 Date of Decision: 12.12.2023

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Sukha Singh @ Surjit Singh (minor)

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...Pe%%oner

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Versus

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State of Punjab …Respondent

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CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present: Mr. Angrej Kumar, Advocate for the pe%%oner.

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Ms. Swa% Batra, D.A.G., Punjab (through V.C.).

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****

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ANOOP CHITKARA, J.

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FIR No.	Dated	Police Sta%on	Sec%ons
112	09.09.2022	Bhindi Saidan,	323, 354, 452, 506, 34 IPC
		District Amritsar	(Sec%on 427 IPC added later
		Rural	on)

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The pe%%oner, who is a young boy aged 15 years and thus, a minor apprehending arrest in the FIR cap%oned above, has come up before this Court under Sec%on 438 CrPC by filing the present pe%%on through his father, seeking an%cipatory bail.

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In paragraph 12 of the bail pe%%on, the accused declares that he has no criminal antecedents.

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Pe%%oner's counsel prays for bail by imposing any stringent condi%ons. Pe%%oner’s counsel argued that the custodial inves%ga%on would serve no purpose whatsoever, and the pre-trial incarcera%on would cause an irreversible injus%ce to the pe%%oner and family.

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State’s counsel opposes the bail.

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Prosecu%on case is based on the statement of one Bi?u Singh who informed the police that on 17.08.2022, when he was present in his house, then his neighbour Gola Singh armed with cu?er used for cu@ng iron and Bhola Singh son of Kaka Singh armed with iron rod and Bi?u Singh son of Kaka Singh armed with datar and the pe%%oner armed with baseball entered his house and raised lalkara for installing a gate in the

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Jyoti Sharma 2023.12.13 16:20 I attest to the accuracy and authenticity of this order/judgment Sector 1, High Court, Chandigarh

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CRM-M-62353-2023

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street. In the mean%me, other accused gave bea%ngs and pe%%oner hit the complainant with baseball on the right eye. When the complainant was taken to hospital, in his absence, the accused allegedly entered his house and tore shirt of daughter aged 17 and 13 years.

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Pe%%oner is aged 15 years and was named as an accused in the FIR. He is now apprehending arrest. The only factor which is required for this Court to consider is the pe%%oner’s age which is not disputed. Although, there is a cross case but on the ground of pe%%oner being under 18 years of age and also under 16 years of age, he shall not be arrested in the present case, except formal arrest for recovery of baseball, if required.

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Given the nature of allega%ons coupled with the fact that the pe%%oner is a first offender, and one of the relevant factors would be to provide an opportunity to course correct. Even a primafacie perusal of paragraph 5 of the bail pe%%on needs considera%on for bail.

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In Gurbaksh Singh Sibbia v State of Punjab, 1980 (2) SCC 565, (Para 30), a Cons%tu%onal Bench of Supreme Court held that the bail decision must enter the cumula%ve effect of the variety of circumstances jus%fying the grant or refusal of bail. In Kalyan Chandra Sarkar v Rajesh Ranjan @ Pappu Yadav, 2005 (2) SCC 42, (Para 18) a three-member Bench of Supreme Court held that the persons accused of non-bailable offences are en%tled to bail if the Court concerned concludes that the prosecu%on has failed to establish a prima facie case against him, or despite the existence of a prima facie case, the Court records reasons for its sa%sfac%on for the need to release such person on bail, in the given fact situa%ons. The rejec%on of bail does not preclude filing a subsequent applica%on. The courts can release on bail, provided the circumstances then prevailing require, and a change in the fact situa%on. In State of Rajasthan v Balchand, AIR 1977 SC 2447, (Para 2 & 3), Supreme Court no%ceably illustrated that the basic rule might perhaps be tersely put as bail, not jail, except where there are circumstances sugges%ve of fleeing from jus%ce or thwar%ng the course of jus%ce or crea%ng other troubles in the shape of repea%ng offences or in%mida%ng witnesses and the like by the pe%%oner who seeks enlargement on bail from the Court. It is true that the gravity of the offence involved is likely to induce the pe%%oner to avoid the course of jus%ce and must weigh when considering the ques%on of jail. So also, the heinousness of the crime. In Gudikan% Narasimhulu v Public Prosecutor, (1978) 1 SCC 240, (Para 16), Supreme Court held that the delicate light of the law favors release unless countered by the nega%ve criteria necessita%ng that course. In Prahlad Singh Bha% v NCT, Delhi, (2001) 4 SCC 280, Supreme Court highlighted one of the factors for bail to be the public or the

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Jyoti Sharma 2023.12.13 16:20 I attest to the accuracy and authenticity of this order/judgment Sector 1, High Court, Chandigarh

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CRM-M-62353-2023

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State's immense interest and similar other considera%ons. In Dataram Singh v State of U?ar Pradesh , 2018:INSC:107 [Para 7] , (2018) 3 SCC 22, (Para 6), Supreme Court held that the grant or refusal of bail is en%rely within the discre%on of the judge hearing the ma?er and though that discre%on is unfe?ered, it must be exercised judiciously, compassionately, and in a humane manner. Also, condi%ons for the grant of bail ought not to be so strict as to be incapable of compliance, thereby making the grant of bail illusory.

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The possibility of the accused influencing the inves%ga%on, tampering with evidence, in%mida%ng witnesses, and the likelihood of fleeing jus%ce, can be taken care of by imposing elabora%ve and stringent condi%ons. In Sushila Aggarwal v. State (NCT of Delhi) , 2020:INSC:106 [PARA 92] , (2020) 5 SCC 1, Para 92, the Cons%tu%onal Bench held that unusually, subject to the evidence produced, the Courts can impose restric%ve condi%ons. In Sumit Mehta v. State of N.C.T. of Delhi, (2013)15 SCC 570, Para 11, Supreme Court holds that while exercising power Under Sec%on 438 of the Code, the Court is duty-bound to strike a balance between the individual's right to personal freedom and the right of inves%ga%on of the police. While exercising utmost restraint, the Court can impose condi%ons countenancing its object as permissible under the law to ensure an uninterrupted and unhampered inves%ga%on.

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10. Without 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, subject to the following terms and condi%ons, which shall be over and above and irrespec%ve of the contents of the form of bail bonds in chapter XXXIII of CrPC, 1973.

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In Madhu Tanwar and Anr. v. State of Punjab, 2023:PHHC:077618 [Para 10, 21] , CRM-M-27097-2023, decided on 29-05-2023, this court observed,

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[10] The exponen%al growth in technology and ar%ficial intelligence has transformed iden%fica%on techniques remarkably. Voice, gait, and facial recogni%on are incredibly sophis%cated and pervasive. Impersona%on, as we know it tradi%onally, has virtually become impossible. Thus, the remedy lies that whenever a judge or an officer believes that the accused might be a flight risk or has a history of fleeing from jus%ce, then in such cases, appropriate condi%ons can be inserted that all the expenditure that shall be incurred to trace them, shall be recovered from such person, and the State shall have a lien over their assets to make good the loss.

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[21] In this era when the knowledge revolu%on has just begun, to keep pace with exponen%al and unimaginable changes the technology has brought to human lives, it is only fi@ng that the dependence of the accused on surety is minimized by giving alterna%ve op%ons. Furthermore, there should be no insistence

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Jyoti Sharma 2023.12.13 16:20 I attest to the accuracy and authenticity of this order/judgment Sector 1, High Court, Chandigarh

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CRM-M-62353-2023

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to provide permanent addresses when people either do not have permanent abodes or intend to re-locate.

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Given 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, in the following terms :

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(a). Pe%%oner to furnish personal bond of Rs. Ten thousand (INR 10,000/); AND

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(b) To give one surety of Rs. Twenty-five thousand (INR 25,000/-), to the sa%sfac%on of the concerned Court, before whom the bonds are required to be furnished. When the bonds are to be furnished before a Judicial Magistrate, then in case of the non-availability of the concerned Judicial Magistrate, to any other nearest Ilaqa Magistrate/duty Magistrate. Before accep%ng the surety, the concerned officer/court must sa%sfy that if the accused fails to appear in court, then such surety can produce the accused before the court.

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(b). Pe%%oner to hand over to the concerned court a fixed deposit for Rs. Ten thousand only (INR 10,000/-), with the clause of automa%c renewal of the principal and the interest rever%ng to the linked account, made in favor of the ‘Chief Judicial Magistrate’ of the concerned district, or blocking the aforesaid amount in favour of the concerned ‘Chief Judicial Magistrate’. Said fixed deposit or blocking funds can be from any of the banks where the stake of the State is more than 50% or from any of the well-established and stable private sector banks. In case the bankers are not willing to make a Fixed Deposit in such eventuality it shall be permissible for the pe%%oner to prepare an account payee demand draV favouring concerned Chief Judicial Magistrate for a similar amount.

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(c). Such court shall have a lien over the funds un%l the case's closure or discharged by subs%tu%on, or up to the expiry of the period men%oned under S. 437-A CrPC, 1973, and at that stage, subject to the proceedings under S. 446 CrPC, the en%re amount of fixed deposit, less taxes if any, shall be endorsed/returned to the depositor.

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(d). The pe%%oner is to also execute a bond for a?endance in the concerned court(s) as and when asked to do so. The presenta%on of the personal bond shall be deemed acceptance of the declara%ons made in the bail pe%%on and all other s%pula%ons, terms, and condi%ons of sec%on 438(2) of the Code of Criminal Procedure, 1973, and of this bail

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order.

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Jyoti Sharma 2023.12.13 16:20 I attest to the accuracy and authenticity of this order/judgment Sector 1, High Court, Chandigarh

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CRM-M-62353-2023

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(e). While furnishing personal bond, the pe%%oner shall men%on the following personal iden%fica%on details:

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1.	AADHAR number
2.	Passport number, (If available), when the a?es%ng
	officer/court thinks appropriate or considers the accused as a flight risk.
3.	Mobile number (If available)
4.	E-Mail id (If available)

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The pe%%oner is directed to join the inves%ga%on within seven days and also as and when called by the Inves%gator . The pe%%oner shall be in deemed custody for Sec%on 27 of the Indian Evidence Act. 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, it will be open for the prosecu%on to seek cancella%on of the bail. Whenever the inves%ga%on occurs within the police premises, the pe%%oner shall not be called before 8 AM, let off before 6 PM, and shall not be subjected to third-degree, indecent language, inhuman treatment, etc.

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The bail bonds shall remain in force throughout the trial and aVer that in Sec%on 437-A of the Cr.P.C., if not canceled due to non-appearance or breach of condi%ons.

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If the pe%%oner finds the bond amount beyond social and financial reach, it may be brought to the no%ce of this Court for appropriate reduc%on. Further, if the pe%%oner finds bail condi%on(s) as viola%ng fundamental, human, or other rights, or causing difficulty due to any situa%on, then for modifica%on of such term(s), the pe%%oner may file a reasoned applica%on before this Court, and aVer taking cognizance, even to the Court taking cognizance or the trial Court, as the case may be, and such Court shall also be competent to modify or delete any condi%on.

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This order does not, in any manner, limit or restrict the rights of the Police or the inves%ga%ng agency from further inves%ga%on as per law.

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In case the Inves%gator/Officer-In-Charge of the concerned Police Sta%on arraigns another sec%on of any penal offence in this FIR, and if the new sec%on prescribes maximum sentence which 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).

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Jyoti Sharma 2023.12.13 16:20 I attest to the accuracy and authenticity of this order/judgment Sector 1, High Court, Chandigarh

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CRM-M-62353-2023

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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.

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Any observa%on made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments.

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In return for the protec%on from incarcera%on, the Court believes that the accused shall also reciprocate through desirable behavior.

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There would be no need for a cer�fied copy of this order 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. In case the a es�ng officer wants to verify the authen�city, such an officer can also verify its authen�city and may download and use the downloaded copy for a es�ng bonds.

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Pe((on allowed in aforesaid terms . All pending applica%ons, if any, stand disposed.

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(ANOOP CHITKARA) JUDGE 12.12.2023 Jyo% Sharma Whether speaking/reasoned: Yes Whether reportable: No.

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Jyoti Sharma 2023.12.13 16:20 I attest to the accuracy and authenticity of this order/judgment Sector 1, High Court, Chandigarh

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Sukha Singh @ Surjit Singh (Minor) v. State of Punjab

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Sukha Singh @ Surjit Singh (Minor) v. State of Punjab

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