CRM No. M-16465 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-16465 of 2011 Decided on:- 10.06.2011 Jaswant Singh and others ...... Petitioners Versus State of Punjab ....... Respondent AND CRM NO. M-16485 OF 2011 Decided on 10.6.2011 Harinder Singh .......... Petitioner Versus State of Punjab ......... Respondent CORAM HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Sandeep Jain, Advocate for the petitioners. Mr. APS Mann, Addl.AG, Punjab. Dr. Ms. Puneet Sekhon, Advocate for the complainant. **** AUGUSTINE GEORGE MASIH, J(Oral) By this order, I propose to dispose of CRM No. M-16465 of 2011 and CRM No. M-16485 of 2011 as they arise out of the same incident and the same FIR. It is the contention of the learned counsel for the petitioners that all the offences in the FIR are bailable except for Section 3(x) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989. He contends that the allegations made in the FIR primarily are counter blast to the civil litigation in which mother of the complainant lost a suit for Possession and Injunction till the High Court. Regular Second CRM No. M-16465 of 2011 2 Appeal preferred by the mother of the complainant namely Gurcharan Kaur was dismissed by this Court on 26.4.2011 and thereafter, the present FIR has been registered. He contends that it is not a case that the petitioners, who were armed with some weapons except for Prit Pal, who was stated to be armed with a stick, had given beatings to the complainant. It is alleged that the petitioners chased the complainant till the roof and there they had given beatings to him and then threw him from the roof. While he was running after falling from the roof, brick bats were given to him which caused further injuries to him. He contends that this is all a concocted story and the injuries attributed to the petitioners are simple in nature and no recovery has to be effected from the petitioners. Counsel for the State could not dispute the contention as regards the nature of injuries as of now. However, he states, on instructions from ASI Naib Singh, Police Station Zirakpur, that one of the injuries which is on the right tibia of the complainant has been advised for x-ray and the x- ray report is still awaited. Counsel for the complainant vehemently argued that the petitioners belong to the Scheduled Caste and are already an oppressed class, the complainant is being threatened day in and day out after the incident also. The perusal of the FIR indicates as to how the intention of the petitioners was not only to beat him but they wanted to kill him and to his good luck he was saved otherwise, while they had thrown him of the roof, the intention can be clearly spelt out. She further contends that the injuries which are attributed to the petitioners could have been serious but merely because they are simple in nature, they should not be granted the concession of bail. She further states that a petition in the Hon'ble High Court has been CRM No. M-16465 of 2011 3 filed for inclusion of Sections 307, 450 and 452 IPC in the FIR, which is now pending for 4.7.2011 and notice has yet not been issued in the same. On these basis, she states that the present petition may not be allowed. I have heard learned counsel for the parties and gone through the records of the case. As of now, all the injuries which have been attributed to the petitioners are simple in nature. Even as per the assertions and the counter assertions made by the counsel for the parties, as far as the present case is concerned, the injuries attributed to the petitioners are not of grievous nature. The matter regarding the inclusion of offences which are made out from the FIR has not yet crystalized as the complainant has only filed a petition in this High Court where again notice has not yet been issued. In the totality of the facts and circumstances of the case, I am of the considered view that this is a fit case where concession of pre-arrest bail should be granted to the petitioners. Accordingly, a direction is issued to the petitioners to appear before the Investigating Officer namely Jatinder Singh Khaira, who is stated to be Superintendent of Police, Dera Bassi Circle on 14.6.2011 in SP office at Mubarakpur. In the meantime, in the event of arrest of the petitioners, they shall be released on bail to the satisfaction of Arresting Officer, subject to the conditions contained in Section 438(2) of Cr. P. C and they shall join investigation as and when required. Photocopy of this order be placed on the file of the connected case. 10.06.2011 (AUGUSTINE GEORGE MASIH) mamta JUDGE