Crl. Misc. No.M-36101 of 2009 (O & M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-36101 of 2009 (O & M) Date of decision: 18.02.2010 Amandeep Singh …Petitioner Versus State of Punjab and another …Respondents Coram:- HON’BLE MR. JUSTICE L. N. MITTAL. Present: Mr. A.D.S. Sukhija, Advocate for the petitioner. Mr. Vivek Chauhan, AAG, Punjab for respondent No.1. None for respondent No.2. L. N. MITTAL, J (ORAL) Crl. Misc. No.8388 of 2010 The application is allowed and Annexures P-4 to P-7 are taken on record, subject to all just exceptions. Main Case. Amandeep Singh has filed this petition for bail in case FIR No.62 dated 28.05.2009, under Sections 452, 363, 511, 324, 294, 506 read with Section 34 of the Indian Penal Code (IPC) (366 IPC added subsequently) registered at police station, Delhon, Distt. Ludhiana. I have heard learned counsel for the parties and perused the case file. According to prosecution version, on 28.05.2009 at about 9:30 AM, complainant Sukhwinder Kaur-respondent No.2 received telephone calls on her mobile telephone from a mobile telephone. The caller identified himself as Amandeep Singh i.e petitioner. He Crl. Misc. No.M-36101 of 2009 (O & M) -2- wanted to talk with complainant's daughter Jaspreet Kaur. When the complainant inquired about the purpose, the petitioner started abusing her and threatened her to kill her and her family. The petitioner also threatened her that at 4:00 PM, he would forcibly take away complainant's daughter Jaspreet Kaur. Complainant informed Sarpanch Jang Bahadur Singh, who went to the house of the petitioner and informed his parents, but they also expressed their helplessness. When the complainant and her other family members came back home, they found that the petitioner along with co- accused Manpreet Singh armed with sword were sitting on a scooter and two other co-accused were also there. They threatened to take away complainant's daughter Jaspreet Kaur forcibly. Jang Bahadur Singh Sarpanch also reached there. He tried to persuade the accused persons, but the petitioner inflicted sword blows to the Sarpanch. All the four accused forcibly entered the house of the complainant and tried to take away her daughter Jaspreet Kaur forcibly. Villagers gathered at the spot and thereupon the accused persons ran away. Learned counsel for the petitioner contended that the compromise (Annexure P-1) has been effected with complainant- respondent No.2 and her husband and daughter Jaspreet Kaur. On the preceding date of hearing, respondent No.2 and her husband Sukhdev Singh appeared in person in this Court and stated that they had effected compromise (Annexure P-1) with petitioner's mother. It is also stated that the petitioner is in custody since 29.05.2009 i.e for almost 9 months. On the other hand, learned State counsel contended that Crl. Misc. No.M-36101 of 2009 (O & M) -3- the compromise has not been effected with Jang Bahadur Singh Sarpanch, who suffered 5 injuries in the occurrence including two with sharp weapon. Learned counsel for the petitioner, however, pointed out that there is enmity between the family of the petitioner and the family of Jang Bahadur Singh. Reference in this behalf has been made to two documents (Annexures P-6 and P-7). The main offences were committed qua complainant and her family and they have effected compromise. As regards injuries suffered by Jang Bahadur Singh, Sarpanch, prima facie offences under Sections 323 and 324 IPC only would be made out. Keeping in view all the circumstances, but without commenting anything on merits, the instant bail petition is allowed. The petitioner shall be released on bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Ludhiana. ( L. N. MITTAL ) JUDGE 18.02.2010 A.Kaundal