Bharat Singh @ Bharatjit Singh vs State Of Punjab on 8 August, 2017

214 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. M- No. 24979 of 2017 (OM)
Date of decision : August 08, 2017

Bharat Singh @ Bharatjit Singh …..Petitioner

Versus
State of Punjab ….Respondent

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. Dhawaljeet Dutta, Advocate
for the petitioner.

Mr. Devinder Bir Singh, DAG, Punjab.

***

LISA GILL, J.

Prayer in this petition is for grant of anticipatory bail to the

petitioner in FIR No. 170 dated 03.11.2016 registered under Sections 354,

342, 324, 323, 148, 149, 506, 325 IPC at Police Station Dharamkot, District

Moga.

It is submitted that in a subsequent inquiry conducted by the

Superintendent of Police, Moga, Sections 376, 511 IPC have been deleted.

Learned counsel for the petitioner argues that in case the said sections are

deleted, no offences is made out against the petitioner under Section 354

IPC as well. Moreover, even if it is accepted that injuries were caused by the

present petitioner, it would at best constitute an offence under Sections 323

or 324 IPC. The co-accused Avtar Singh afforded the benefit of anticipatory

bail by this Court on 02.05.2017 (in CRM-M No. 8182 of 2017)

and co-accused Rinku @ Kuljit Singh was granted the concession

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of anticipatory bail by this Court on 26.04.2017. Therefore, this petition be

allowed.

I have heard learned counsel for the parties.

It is not in dispute that the co-accused Gurdeep Singh i.e. the

father of the petitioner had approached this Court for concession of

anticipatory bail, which was dismissed on 01.05.2017 (in CRM-M No.

14687 of 2017). As per the allegations in the FIR, the present petitioner

used to tease the younger daughter of the complainant. Number of

representations were submitted in this regard before the police officials. A

writ was also filed before this Court. When this fact came to the notice of

the petitioner and his father, they started abusing the complainant and his

family members on 02.11.2016. They reached at the outer gate of the

residence of the complainant at 6.30 p.m. The present petitioner, it is

alleged, inflicted dang (stick) blows upon the complainant continuously for

about six times. Some of the blows hit the complainant on the right arm and

left foot. The petitioner’s father inflicted a kirpan blow upon the son of the

complainant which hit him on his right cheek. The petitioner alongwith

others are alleged to have dragged the complainant’s daughter and his wife

to their house, inflicted injuries upon them and tore off the clothes of the

complainant’s daughter. The complainant’s daughter and his wife were

rescued on the intervention of people, who gathered there.

While noting these facts, the concession of anticipatory bail to

the co-accused Gurdeep Singh i.e. the father of the petitioner has been

declined by this Court on 01.05.2017. Contention of learned counsel for the

petitioner that the offence under Sections 376, 511 IPC has since been

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deleted, therefore, the petitioner be released on anticipatory bail is not

tenable. A bare perusal of the FIR itself reveals that the petitioner cannot

claim any parity with the co-accused Avtar Singh and Rinku @ Kuljit

Singh.

Keeping in view the facts and circumstances as noted above,

there is no ground to afford the concession of anticipatory bail to the

petitioner.

Petition is, accordingly, dismissed.

It is reiterated that none of the observations made herein above

are a reflection on the merits of the case and shall have no bearing on the

trial.

(Lisa Gill)
August 08, 2017 Judge
rts

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