The High Court of Punjab and Haryana, while dismissing a bail application filed by a member of the Lawrence Bishnoi gang, observed that the way these hardened criminals are portrayed by popular media has led to a distorted sense of power and impunity, particularly among the youth and the implications of unchecked gang activities are far-reaching, from rising violent crime rates to economic instability in affected communities and regions.
Brief Facts:
The petitioner filed the present petition has been filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in a case registered under Sections 302, 307, 34 of the Indian Penal Code, 1860 and Sections 25 & 27 of the Arms Act, 1959. It was alleged that the petitioners, along with others, fired on a car and liquor business owner who succumbed to injuries.
Contentions of the Applicant:
The learned counsel appearing on behalf of the petitioner contended that the petitioner is not named in the FIR and he has been implicated based on a disclosure statement suffered by co-accused, while in police custody, which has no evidentiary value in the eyes of law. Further, it was submitted that the co-accused in the case have been granted bail and there is no progress in the trial, as such, the petitioner is entitled to bail.
Contentions of the Respondent:
The learned counsel appearing on behalf of the respondent opposed the prayer for the grant of regular bail to the petitioner on the ground that this is the second petition, as the earlier one was dismissed as withdrawn. Further, it was submitted that the petitioner is an active member of the Lawrence Bishnoi gang, which has inter-state operations and was actively involved in the extortion rackets spanning multiple States. These elements have created chaos in the society, as is evident from the fact that in the instant case, the actions of the petitioner and his associates resulted in the death of one person and another sustaining serious injuries. The petitioner is a habitual offender, and he earned acquittal in several cases, as nobody dares to come forward to depose him and his gang members.
Observations of the Court:
The court referred to the custody certificate and noted that the petitioner is already facing trial in nine other cases, and further, he has already been convicted in two cases and acquitted in four. It was stated by the court that if the petitioner is granted bail, there is a strong likelihood of him returning to his offending and nefarious ways and there is a serious threat of evidence tampering and witness intimidation given the scope and expanse of their operations.
The court further observed that gangster culture, particularly in the form of extortion rackets, has emerged as a significant threat to the social order in today’s time, fostering an environment of fear and lawlessness and the glorification of violence, the normalisation of criminal behaviour, and the recruitment of vulnerable youth into gangs not only perpetuate crime but erode public trust in the justice system. Further, it was observed that the way these hardened criminals are portrayed by popular media has led to a distorted sense of power and impunity, particularly among the youth, and the implications of unchecked gang activities are far-reaching, from rising violent crime rates to economic instability in affected communities and regions and this menace must be dealt with decisively and swiftly. A firm hand, with stringent law enforcement and legal measures, is essential to dismantling extortion rackets, deterring future criminal enterprises and safeguarding the moral fabric of society, and the judiciary must ensure that those who engage in such nefarious activities face the full brunt of the law, sending a strong message that such criminality will not be tolerated.
The decision of the Court:
The court dismissed the petition and directed the police to prepare the Threat Analysis Report with regard to the protection of the complainant/witness and take the necessary steps as per the Witness Protection Scheme, 2018.
Case Title: Kapil @ Ninni vs. State of Punjab
Coram:Hon’ble Mr Justice Harpreet Singh Brar
Case No.: CRM-M-10665-2024 (O&M)
Advocate for the Petitioner: Mr. Vijay Kumar Sheoran
Advocate for the Respondent: Mr. Jasdeep Singh Gill and Mr. Sandeep Kumar