214 IN THE HIGH COURT OF PUNJAB AND HARYANA
Criminal Misc. M- No. 24979 of 2017 (OM)
Date of decision : August 08, 2017
Bharat Singh @ Bharatjit Singh …..Petitioner
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
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
1 of 3
12-08-2017 03:59:34 :::
Criminal Misc. M- No. 24979 of 2017 (OM) -2-
of anticipatory bail by this Court on 26.04.2017. Therefore, this petition be
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
2 of 3
12-08-2017 03:59:35 :::
Criminal Misc. M- No. 24979 of 2017 (OM) -3-
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
Keeping in view the facts and circumstances as noted above,
there is no ground to afford the concession of anticipatory bail to the
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
August 08, 2017 Judge
3 of 3
12-08-2017 03:59:35 :::