542HCIIam 5Gow Press U T Chd

HCJDC50

forwhichurgeny
Application is claimed 1NTHE HIGH COURTOF JUDICATURE
to theDeputy
shouldbe submitted Registrar FOR T55 OF PUNJAB AND
beforeIl ant andwill laidbefore HARYANA Ar CHANDIGARH
the
of Judge to disposethe
thisclasswith
thaton whichtheapplication IS
dayFollowing CPJ1f1 E
The mayhoweverif specifically To
requested andthe reasons the
for request stated
be
In subniittclFororderson thedayof
no case however
ullcr will an received S
O
ll 21m besubmitted fororderson theday TheAdd Rg5v Iq 1

pe5cmati0n Title
High Court
of
case
2

3 32 Q5 Q Responden
K

4 Sir

Will you kindly treat the

one inaccordance
as an urgent
petitions withthe
Order
provisionof Rule 9 Chapter3ARulesand
HighCour1Volumc
V

2 Thegrounds
of urgency
are

its trvxl

om
ltrt l
o
ARUN SINGH RAWAT
2023.05.01 11:16
TRUE SCANNED COPY OF THE
ORIGINAL
PHHC, CHANDIGARH
S Dy forPetitioner
 3CI
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH

CRMM 1 of 2023
73
Baldev Singh Billu
Now conned in Central Jail Kapurthalal
Petitioner
Versus
State of Punjab
Respondent
J
Sr Particular Dated Pages Court
No Fee
A UrgentForm 28042023 3

1 Application
for Exemption 28042023 1 1

2 Petition US 439 CrPC 28042023 3

3
3 AnnextuveP1 FIR 11062022 q1

4 11
Annexune P2 ASJ Order 21042023
1
5 Power of Attorney 15

VERNACULARS
6 AnnexureP1FIR 11062022 u

Note 1 Any other Similar Case No

2 Copy Suppliedto AG Punjab

3 Whether any sittingMPMLA is involved in the case

or not No

cit1 aJ

f
yvUI vi 4

09
H
7
r3

of ecuv7EOfficial
Signature

Place Chandigarh Narin ucky n

Dated 28042023 Kanha
PH2232 8 222659
P13172003 PH36682020
ARUN SINGH RAWAT Advocates
2023.05.01 11:16
TRUE SCANNED COPY OF THE
ORIGINAL
Counsels for the Petitioners
PHHC, CHANDIGARH
 IN THE HIGH COURT
OFPUNJABamp
HARYANA
AT

PROCESS FEE
Case

FxecIFc2rru1

Is
Appeant
s
vensus

Respondents
Admitted on By whom paid

M N1 M
393 M

NotezcopyI AppealIs are atrachedlalready

thePetItion given
2 AD Coversare
Registered given
I already

Dated
for Advome
the Pemioners
Appe1lants

IN THEHIGH COURTFOR THE STATESOF PUNJAB8 HARYANA

AT CHANDIGARH
No Amount

S
VERSUS

ARUN SINGH RAWAT S

2023.05.01 11:16
TRUE SCANNED COPY OF THE
ORIGINAL
PHHC, CHANDIGARH

Chandigarh M5
Dated Counsel
through Notm me
Respondent Amount Concerned
RsJ SOBranchI 33
 IN THE HIGH COURT FOR THE STATES or PUNJAB AND

HARYANA AT CHANDIGARH

CRM
77 2023
in

CRMM U 73fz of 2023

Baldev Singh Billu
Now conned in Central Jail Kapurthala
Petitioner

Versus

State of Punjab
Respondent

Petition under Section 482

CrPC for seekingexemption

from ling the copy of the

Aadhar Card of the petitioner

as
ID Proof

RESPECTFULLY SHOWETH

1 That the petitioneris ling the abovementioned

petition for grant of regular bail which is likelyto be

succeeded on the groundsas mentioned in the petition

2 That it is worth to mention here that the petitioner

is behind bars and the Aadhar Card of the petitioneris

not readily available and therefore the copy of the

ling
Aadhar card of the petitioner as ID Proof with the

present regularbail petitionis not possible

ARUN SINGH RAWAT
2023.05.01 11:16
TRUE SCANNED COPY OF THE
ORIGINAL
PHHC, CHANDIGARH
 3 That procuringof the same will delay the matter

therefore the present application

has been led

It is therefore respectfullyprayed that this

applicationmay kindly be allowed and the exemption

be

grantedfor ling the copy of the Aadhar Card to prevent

the abuse of process of law and in the interest justice

Note Affidavit not requiredbecause petitioneris in jail

Place
Dated Chandigarh NARIND LUCKY 85

I
28042023 HA
Advocates Counsel for the
Petitioner

ARUN SINGH RAWAT

2023.05.01 11:16
TRUE SCANNED COPY OF THE
ORIGINAL
PHHC, CHANDIGARH
 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH

CRMM 2023
of
MEMO OF PARTIES

Baldev Singh Billu agedabout 35 years son of Charan

Singh Resident of Village Khusropur Tehsil and District

Kapurthala Mobile No 9876776065

Now confined in Central Jail Kapurthala

Petitioner

Versus

State of Punjab

Re sp ondent

Place Chandigarh Narind S cky 8 an Kanha

Dated 28042023 Advocates
Counsels for the Petitioners
ARUN SINGH RAWAT
2023.05.01 11:16
TRUE SCANNED COPY OF THE
ORIGINAL
PHHC, CHANDIGARH
 First Petition under Section 439

CrPC for grant of regularbail to

the petitionerin caseFIR No 116

dated 11062022 under Section

379B 511 of IPC Section 411

482 and 34 of IPC added later on

registeredat PS Division No 7

District Jalandhar during the

pendencyof trial in the interest of

justice

RESPECTFULLY SHOWETH

1 That the petitioneris resident of above mentioned

address and is therefore competent to le present petition

before this Honble Court

2 That in the above noted false FIR the petitioner

has been falselyimplicatedwhereas he has not committed

any offence and he was not involved in any allegedcrime A

true translated copy of the FIR dated 11062022 is annexed

herewith as Annexure P1

3 That from the bare perusal of the FIR it shows

that the FIR was

lodgedon the basis of secret information

whereas nothingwas recovered from the petitioner at the

time of his arrest

ARUN SINGH RAWAT
2023.05.01 11:16
TRUE SCANNED COPY OF THE
ORIGINAL
PHHC, CHANDIGARH
 4 That the petitionerand his coaccused was linked

with the incident which has taken place on 28052022

Whereas it was
allegedthat a
goldchain was snatched

5 That further it was

allegedthat the petitionerand

coaccused made a disclosure statement about the incident

dated 28052022 and they have sold the gold chain and

distributed the amount among themselves and the petitioner

got recovery of Rs 25120

6 That further it was

allegedthat toy pistol was

recovered from the petitioner at the time of his arrest on

11062022

7 That apart from the disclosure statement there is

no
other evidence against the petitioner which can suggest

the he is involved in the present case The petitioner has

been falselyimplicatedin the present case

8 That it was
allegedthat the victim namelySara
indentied the petitioner and coaccused in the lockup
whereas she has appearedas PW1 before the Ld Trial Court

and she admitted in her cross examination that the

petitioner and his coaccused are not those persons who had

snatched her gold chain Further she had admitted that she

had not led any complaint about the snatching on

28052022
ARUN SINGH RAWAT
2023.05.01 11:16
TRUE SCANNED COPY OF THE
ORIGINAL
PHHC, CHANDIGARH
 9 That due to this false implication and long

custody without any fault petitionermoved an

application
for grant of regular bail before the Sessions Court

Jalandhar But his bail applicationwas dismissed by Ld

Additional Sessions Judge Jalandhar vide his order dated

210420232 A copy of the order dated 210420232 is

annexed herewith as Annexure P2

10 That the bail of the petitionerhas been

wrongly declined by the Ld Additional Sessions Judge

Jalandhar without appreciatingthe fact that nothingwas
recovered from the petitionerand the witness had not

supportedthe prosecution
case

11 That the Ld Additional Sessions Judge while

dismissingthe bail applicationof the petitionerhad observed

that the petitioneris involved in number of cases and is the

habitual offender Whereas the Ld Sessions court failed to

take note that the petitionerhas been acquitted in all the

cases

12 That the investigationin the present case is

completed and charges have also been framed and the

injured complainant has been examined partially and her

crossexamination has not been done because she is not

comingback for the same despite repeated adjournments

ARUN SINGH RAWAT
2023.05.01 11:16
TRUE SCANNED COPY OF THE
ORIGINAL
PHHC, CHANDIGARH
 and bai1able warrants issued againsther and the petitioner

is in custodyfor more than 01 year 06 months

13 That the petitioneris innocent and he is in

custodysince 11062022 and conclusion of the trial will

take a
long time and petitionercannot be kept behind bars

for indenite period

14 That the petitioneris lawabiding citizen with the

clean record and has been falsely implicatedin a calculated

conspiracyin which he is not involved in any manner

15 That even from the perusalof FIR and from the

investigationno offence is made out againstthe petitioner

16 That the petitioner will face the trial and

undertakes not to misuse the concession of bail and readyto

furnish heavysurety

17 That the petitioner will abide by the terms and

conditions as laid ltlown U s 439 CrPC and will not temper

with prosecutionevidence in any manner

18 That as per the instructions the petitioneris also

involved in other criminal cases but he has been acquitted

in all those cases The detail will be givenat the time of nal

arguments The petitionerhas not been declared proclaimed

offender by any Court
ARUN SINGH RAWAT
2023.05.01 11:16
TRUE SCANNED COPY OF THE
ORIGINAL
PHHC, CHANDIGARH
 19 That petitionerhas not led such or similar

petitionbefore Honble Supreme Court of India or before this

Honble court and no similar bail applicationis pending

before Trial Court Jalandhar

It is therefore respectfullyprayed that the

present petition may kindly be allowed and petitioner may

kindly be grantedregular bail in case FIR No 116 dated

11062022 under Section 379B 511 of IPC Section 411

482 and 34 of IPC added later on registeredat PS Division

No 7 District Jalandhar in the interest of justice

It is further prayedthat the petitionermay kindly

be exemptedfrom ling the IdentityProof Aadhaar Card as

it is not available at this time because the petitioner is in

custody The same will be given at the time of nal

arguments

Note Affidavit is not requiredbecause petitioneris in jail

Place Chandigarh Narin ucky 85 Kr Kanha

Dated 28042023 Advocates
Counsels for the Petitioners

ARUN SINGH RAWAT

2023.05.01 11:16
TRUE SCANNED COPY OF THE
ORIGINAL
PHHC, CHANDIGARH
 4
ANNEXURE P1

FIRST INFORMATION REPORT

Under Section 154 CrPC
1 District POLICE COMMISSIONERATE JALANDHAR

PS DIVISION NO 7

FIR No 0116 Date 11062022

2
Sr Acts Sections
No
1 IPC p

379B 511

FIR Contents

SHO Jai Hind Today I ASI alongwithS CT Ramandeep

Singh1186 SCT Sunny1102 CT Jora Singh 1174 were

on

a
private vehicle regardingpatrollingand checkingof anti

social persons and were present at Tpoint near Baba Sweet

Shop Garah Secret informer came and gave secret

information that Baldev Singh Billu Billu So Charan

Singhand Lakhbir Singh Sonu S o

Jait Singh resident
of Khusropur District Kapurthala are in the habit of

snatchingand even
todaythey are comingon a motorcycle

bearingregistrationNo PB08ES6270 make Pulser from the

side to Garah towards Golden Avenue side and lookingfor a

chance to snatch mobile phones and jewelleryIf nakabandi

is done then they can be arrested alongwith looted goods

Information being supplied by informer is authentic and

trustworthy hence offence u

ARUN SINGH RAWAT
2023.05.01 11:16
s
379B 511 IPC are made
TRUE SCANNED COPY OF THE
ORIGINAL
PHHC, CHANDIGARH
 10

out For registrationof FIR against them ruqa is beingsent

to police station through CT Jora Singh 1774 After

registrationof FIR number may be intimated After issuing

special reports the same may be sent to IlaqaMagistrate

and Senior Ofcers Control Room may be intimated I ASI

alongwithcoemployeesis busyin investigation

on the spot

Sd ENG Sohan Lal ASI PS Division No 7

CommissionerateJalandhar Dated 11062022

True Copy

Advocate

ARUN SINGH RAWAT

2023.05.01 11:16
TRUE SCANNED COPY OF THE
ORIGINAL
PHHC, CHANDIGARH
 IlL

BaldevSingh
vs StateofPunjab 1

In the Court of RajnishGarg

Additional Sessions
UID N0PB00088

BA No 19452023
CNR No PBJL010046402023
Decided on 21042023

Baldev Singhagedabout 35 years son of Charan Singhresident of

Tehsil andDistrict Kapurthala

VillageKhusropur
App1icantaccused
Versus

Stateof Punjab
Respondent

No116 dated11062022
Under Sections379B 411482511 34 of IPC
Police StationDivision No7 Jalandhar

Second applicationfor bail under Section 439 of

CrPC

Present ShRPS Bhullar Advcounselfor

MsZeba Khalid AddlPP for the State

0 R QE R

1 Present second bail has been led

application on behalf of

applicantaccused Baldev Singhunder Section 439 CrPC for grantof

bail in the aforesaidFIR

regular

2 Notice of the bail application to the State Trial le

was given

produced

3 Brief facts of the prosecution

case are that on 11062022 a

policepartyheadedbyASI SohanLal received a secret informationto the

effect that Baldev Singh and Sukhvir Singh Sonu

Rajnrkb
ARUN SINGH RAWAT
Gag
2023.05.01 11:16 Addl faldndbar
TRUE SCANNED COPY OF THE
ORIGINAL UID Na P1300088
PHHC, CHANDIGARH
 BaldevSingh
11 StateofPunjab 2

used to snatch articles and they were riding on motor cycle bearing

NoPB08ES6270 in the area of Garha Golden Avenue in

the wake of snatching and ornaments and if

mobile phone a nakabandibe

laid they could be red handed Believingthe said

informationruqa was sent to the policestation and FIR in the present

case was under Sections 379B 511 of IPC nakka

Thereupon
was laid and two motor cyclistwere seen
coming who on the
seeing
police party tried to skip away Theywere nabbed by the police On

the driver of the motor cycledisclosed his name

asking as Sukhbir Singh

whereas pillion rider disclosed his name as Baldev Singh

Duringsearchone toy pistolwas

applicantaccused recovered from

Baldev Singhand motor cyclebeing

used bythem was

found to have fake numberplateDuring

Baldev Singhand Sukhvir Singhsuffereddisclosure statements regarding

of
snatching articles from two ladies and got recovered currency notes

Thereafteroffencesunder Sections 482 and 411 of IPC were added vide

DDR no34 dated 24082022 First bail application led by

under Section 439 of CrPC was dismissedvide order

19072022 by the court

passed of Learned Additional Sessions Judge

Jalandhar Hence the present second bail application

led by

applicantaccused

4 I have heard learnedcounsel for learned

APP for the Stateand have carefully the record with their able
perused

Rajnish
ARUN SINGH RAWAT Gmg
2023.05.01 11:16 Add
Smirmrjudge
aandbar
TRUE SCANNED COPY OF THE
ORIGINAL UID NaIB00088
PHHC, CHANDIGARH
l
 BaldevSingh
vs State
ofPunjab 3

assistance

5 Learned counsel for the submitted that

has been falsely in the presentcase and no

implicated

offence was committed by him FIR was againstunknown

persons No recovery was effectedfrom accused Duringtrial Sarahfrom

whom his coaccused had allegedly

alongwith snatched

goldchainhad not incriminatedthe for commission of

snatchingher gold chain is in for

custody the last

more than ten months as he was arrestedon 11062022 Conclusion of

trial would take sufcient longtime and no useful purpose would be

served by keeping
the in custody
for indenite period

Thereforehe prayed bail to the

for grantof regular

6 On the other hand learned APP for the State argued

that

applicantaccused
is a habitual offender as 9 cases under diiferent

Sections have alreadybeen registered

againsthim in different Police

Stations In case is releasedon bail he would commit

similar otheroffences Therefore should not be granted

bail and she prayed

for dismissalof the application

7 I have considered the respectivecontentions of learned

counsel for the learned APP for the State and have

the record
perused
carefully

8 earlierbail application
Admittedly led byapplicantaccused

was dismissedby the court of Learned Additional Sessions Judge

ARUN SINGH RAWATRaniIGarg

2023.05.01 11:16 Addl faldndbar
TRUE SCANNED COPY OF THE
ORIGINAL UID NoPB00088
PHHC, CHANDIGARH
V5
 vs StateofPunjab
BaldevSingh 4

vide order dated19072022 Though

Jalandhar PW1 Sarahwhose gold

had not incriminated the

chain had been snatched but

theothermaterialwitnessesare yetto be examinedin this case Moreover

to the notice of this court that

it has been brought is

involved in 09 other cases of similar nature him with

against

different Police Stations Said cases had been mentioned in

already the

earlierbail decided bythe court of learnedAdditional Sessions

application

JudgeJalandharvide order dated19072022 Thereforekeeping

in View

the previous
conduct of the this Court is of the view

that accusedis a habitualoffenderand in case he is releasedon

bail there is every that he would commit similar other

offences Thus does not deserve concession of bail

Mere lengthof custody

is also no for grantof bail
ground

9 without commenting
Accordingly upon other merits of the

case presentbail application

is hereby
dismissed Howeverobservations

made above are onlyfor of this bail application

disposal and would have

no on merits of the case be attachedwith the

bearing Bail application
Trial File

Pronouncedin open Court

Dt 21042023 RajnishGarg
MunishW AddlSessions
UID
JudgeJalandhar
loPB00088

ARUN SINGH RAWAT Garg

Rajnish
2023.05.01 11:16
TRUE SCANNED COPYAddl
OF THE jalandbxzr
ORIGINAL
PHHC, CHANDIGARH UIDNoPBOOO88
 I

N THE counr or

fsairh B

This the dayof 2022

Witness
ccepted K LT

Nsa
lt
ARUN SINGH RAWAT
Vlscss
2023.05.01 11:16
TRUE SCANNED COPY OF THE
ORIGINAL scsitlu
0
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 j
lxl

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V A

lIFI NCRBgtinsHinaai
larfr3 373ir ETii 1
FIRST INFORMATION REPORT
Under Section 154 CrPC
viewnew faaz
mm 154 e3 H1531 31

District POLICE Year 2022

1 COMMISSIONERATE E73 DIVISION7
mg mg
JALANDHAR

R N 0116 We and Time 0 HR 11062022 1650 hrs

9 3ela
gtiterlgtfcrir nut
SNo Acts Sections
lt3 57 W55 WET
1 IPC 1860 3798
2 IPC 1860 511
3 aOccurrenceof offence mam er wear
1Dayf Saturday Date From 11062022 Date To 11062022

Time Period P h 6 Time From 1500 h Time To 1 40 h

mn time a 3 rm 7 rs mi 3 6 3

Information
fee received at PS Date Time
31 wjnsrIIu3 its at iz W3 mnfrrE W062022 mrf 1650 hrs
General Diary EntryNo
WE Reference Date Time
qpea W 024 mg hrs
33
4 Typeof Information mead TIil6mH Written
5 Place of Occurrence U123rmvs
and distance from PS
1 3 Direction Beat No
37
H13 gal ma fern NORTH 02 Kms 202FT
bAddress1Es7 mar 5 3833 gthelk
W233Raina
c In case outside the limit of this Policestationthen
iaraH1eahra1ra3
Name of PS DistriclState
33WI fH3rII

ARUN SINGH RAWAT

2023.05.01 11:16
TRUE SCANNED COPY OF THE
ORIGINAL
PHHC, CHANDIGARH
 NCRBgttantwa1
IIFI estiiraaezlir evair I
6 ComplainantInformant

8 Accused
Details
UID SUKHVIR
number in
Birth
SINGH 1972
15ASI
BILLU
SONUName
the 9Name SINGH
919592921018
UVILL KHUSROPUR
W

Passport nnrrnii
3113
Ribs Eparticulars PUNJABlNDlA
lg

7 hoccupation
1
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SNoName2sH
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Date
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Reasons183
2
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1 of
DateYear knownsuspectedunknown
Name delay
Ration
Issue
No
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2s urmlaz
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details
BALDEV
More
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FatherCHARAN
FatherJAGJlT
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f6H3 8Tei5 WSINGH KAPURTHALAKAPURTHALA
1
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LicensePAN

9 Particulars of propertiesof interest Attach separate sheet if necessary

rraic13rrteereerae1anifi3Teuatriieadiar
SNo
B3 55 PropertyCategory er farmr Type write Description Valueln
mm 6 RslE0
nrfeeveeftw 337

ARUN SINGH RAWAT

2023.05.01 11:16
TRUE SCANNED COPY OF THE
ORIGINAL
PHHC, CHANDIGARH
 Total value of propertystolenln Rs
aiIeiarferee1aF5ifwafee
InquestReportl UD case
qEraenrrara6itl2i No if any 3EElFfaIH I 155

SNo UIDB Number

Its sfgt
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12First Information contents Attach separatesheet if necessary
UitRweaTainH2r11iitreir3teireitfiz2saiarEi

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13Action taken Since the above information reveals commission of us as mentioned at
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1Registered the case and took up the investigation
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ARUN SINGH RAWAT

2023.05.01 11:16
TRUE SCANNED COPY OF THE
ORIGINAL
PHHC, CHANDIGARH
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ARUN SINGH RAWAT

2023.05.01 11:16
TRUE SCANNED COPY OF THE
ORIGINAL
PHHC, CHANDIGARH
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41
Attachment to item 7 of First Information
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ARUN SINGH RAWAT
2023.05.01 11:16
TRUE SCANNED COPY OF THE
ORIGINAL
PHHC, CHANDIGARH