Allowed

Prabhjot Singh Prbhjot Singh v. State of Haryana

Punjab & Haryana HC12 Dec 2024CRM-M/38140/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought in an FIR alleging firing at a house; petitioner named only through disclosure statements of co-accused. Having joined investigation and not required for custodial interrogation, interim bail was made absolute with conditions.

What did the court decide?

Interim anticipatory bail made absolute subject to joining investigation as called upon and complying with Section 482 BNSS conditions.

Prabhjot Singh Prbhjot Singh Vs State of Haryana — Anticipatory Bail | Punjab & Haryana HC (2024)

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CRM-M-38140-2024

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-38140-2024

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Date of Decision: 12.12.2024

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Prabhjot S ingh @ Prbhjot Singh ...Petitioner

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Versus

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State of H aryana ...Respondent

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CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

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Present: Ms. Parul Saini, Advocate, f o r Mr. Deepak Singh Saini, Ad v ocate, for the petitioner.

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Mr. Munish Sharma, DAG, H aryana assisted by SI Khushi Ram.

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FIR No.	Dated	Police Station	Section/s
59	04.03.2024	Mullana, Distri ct	307 IPC and 25 of the
		Ambala	Arms Act (120-B and 452
			IPC addedlateron)

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GURVINDER SINGH GILL, J. (Oral)

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The pet i tioner seeks grant of anticipatory bail in respect o f aforemen t ioned FIR.

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At the ti m e of issuance of notice of moti o n on 07.08.2024, the followin g

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order wa s passed:

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“The petitioner seeks grant o f anticipatory bail in respect of a cas e registered against him vide FIR No. 59, dated 04.03.2024, Polic e Sta t ion Mullana, District Ambala, u n der Section 307 IPC and Sectio n 25 o f Arms Act (Sections 120-B and 4 52 IPC added later on).

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The FIR was lodged at the ins t ance of Gurnam Singh wherein i t is a lleged that on the night interv e ning 3/4.03.2024 when he wa s sle e ping in his home during night, t h en at about 2.15 AM, he heard a noi s e of bursting of crackers upon w hich he went outside after abou t 15/ 2 0 minutes, but none was seen o u tside and thus he came back an d

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VIMAL KUMAR 2024.12.13 10:50 I attest to the accuracy and integrity of this document

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CRM-M-38140-2024

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sle p t in his room. When in the morn i ng he went outside he saw empt y car t ridges lying outside in the street a nd while two were lying outside , an o ther 3 were found lying inside h i s house. The complainant allege d tha t some unknown persons had fire d at his house with an intention t o kill his family and that he suspected Dalbir Singh was responsible fo r the same because he had entered int o a fight with him about 3 month s back. It is further the case of p r osecution that subsequently on e Ga g andeep Singh and Mayank wer e found to be involved and wer e arr e sted and upon their interrogat i on they nominated the presen t pet i tioner as accused.

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Learned counsel for the petit i oner submits that he is nowher e na m ed in the FIR and came to be no m inated on the basis of disclosur e sta t ements of co-accused who thems e lves are not named in the FIR an d un d er these circumstances the ve r acity and admissibility of suc h dis c losure statements would be highl y debatable.

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Learned counsel further subm i ts that even the alleged disclosur e sta t ements of Gagandeep and May a nk are rather contradictory an d do u btful. It has been submitted that a foresaid Gagandeep and Mayan k ha v e made 2 disclosure statements e a ch and that there are some kind o f im p rovements/inconsistencies in the statements of each of the accuse d ina s much as Gagandeep in his stat e ment recorded on 15.4.2024 ha d sta t ed that he had purchased the pisto l and 10 bullets from Sonam out o f wh i ch he had fired 3 bullets with an i ntention to kill Sarpanch Gurna m Singh and that the remaining bullets and country made pistol had bee n ke p t concealed by him in the cre m ation ground, but in the secon d dis c losure statement made the next day i.e. on 16.4.2024 he stated tha t he h ad taken two pistols and 12 bulle t s from Prabhjot Singh (petitioner ) out of which one pistol and 6 bullet s were handed over by him to hi s fri e nd Mayank and 3 bullets were fir e d by him with an intention to kil l Sar p anch Gurnam Singh and another 3 were fired on Dosadka road an d he h ad returned the country made pist o l to his friend Prabhjot Singh.

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Learned counsel submits that similar kind of inconsistency i s the r e in the statement of Mayank.

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Notice of motion for 12.12.20 2 4.

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Meanwhile, in the event of a r rest, the petitioner be released o n int e rim bail subject to his furnishing p ersonal bonds and surety bonds t o

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VIMAL KUMAR 2024.12.13 10:50 I attest to the accuracy and integrity of this document

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CRM-M-38140-2024

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the satisfaction of Arresting/Inve s tigating Officer. However, th e pet i tioner shall join the investigation as and when called upon to do s o an d cooperate with the Arresting/In v estigating Officer and shall abid e by t he conditions as provided under S e ction 438 (2) Cr.P.C.”

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Learned S tate counsel upon instruction s has informed that pursuant t o interim directions issued by this Court, the petitioner has since joine d investiga t ion and is not required for any c ustodial interrogation.

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Having r e gard to the aforestated position , wherein the petitioner is state d to have joined investigation and is n ot required for any custodia l interroga t ion, the petition is accepted an d the interim directions issued b y this Cour t vide order dated 07.08.2024 a r e hereby made absolute subjec t to the co n dition that the petitioner shall join investigation as and whe n called upon to do so and cooperate wit h the Investigating Officer an d shall also abide by the conditions as prov i ded under Section 482 BNSS.

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12.12.2024 (GURVINDER SINGH GILL) Vimal JUDGE

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Whether speaking/reason e d: Yes/No Whether reportable: Yes/No

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VIMAL KUMAR 2024.12.13 10:50 I attest to the accuracy and integrity of this document

Prabhjot Singh Prbhjot Singh v. State of Haryana

Case brief

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Prabhjot Singh Prbhjot Singh v. State of Haryana

Case brief

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