Crl. Misc. -M No. 26611 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. -M No. 26611 of 2011 (O&M) Date of Decision: 8.9.2011 Harpal Singh ..Petitioner. Vs. State of Punjab ..Respondent. CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present : Mr. T.P.S. Tung, Advocate for the petitioner. Mr. P.S. Bajwa, Deputy Advocate General, Punjab. RAJESH BINDAL, J. While issuing notice of motion on 2.9.2011, the following contentions of learned counsel for the petitioner were noticed by this Court: “Learned counsel for the petitioner submitted that wife of the petitioner is Sarpanch of Gram Panchayat of village Sandalpur, Tehsil Batala, District Gurdaspur. She filed a civil suit against Mohan Singh as he was in illegal occupation of panchayat land. Thereafter, Mohan Singh was elected as President of Balmiki Kranti Sena (Rural), District Gurdaspur. He along with a mob of 150-200 unidentified persons trespassed into the house of the petitioner, damaged the furniture and even attacked his maid servant Manjit Kaur. She suffered a gun shot injury. Still Mohan Singh was able to get FIR registered through Gurpreet Singh against the petitioner and others. The version of the petitioner was registered only as a cross-version on the statement of his maid servant, who had suffered gun shot injury. The anticipatory bail application filed by Mohan Singh and other accused, named in the cross version, was dismissed by the learned court below on 25.8.2011.” Learned counsel for the petitioner further submitted that Massa Singh, brother of the petitioner has already been arrested and is in custody. During investigation, it was found that the complainant in the FIR were in Crl. Misc. -M No. 26611 of 2011 -2- fact the aggressive party. The cross-version was registered by the maid servant of the petitioner, who suffered gun shot injury. In spite of rejection of pre-arrest bail application of the accused therein, no arrest has been made so far. On the other hand, learned counsel for the State, submitted that about 15 persons from the complainant side suffered injuries though were found to be simple in nature. Some of the persons got pellet injuries. After hearing the learned counsel for the parties and considering the background of the case where earlier petition for eviction was got filed by wife of the petitioner as Sarpanch of Gram Panchayat against Mohan Singh, who was later on elected as President of Balmiki Kranti Sena (Rural) and indulged in this fight and also the fact that Massa Singh, brother of the petitioner having already been arrested, in my opinion, the petitioner is not required to be taken into custody for interrogation. He shall appear before Investigating Officer on 16.9.2011 at 10.00 A.M. However, in case he is sought to be arrested, he shall be released on furnishing of bail bonds to the satisfaction of Arresting/Investigating Officer. He shall appear before the Investigating Officer as and when called upon for further investigation. He shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C. The petition stands disposed of. ( Rajesh Bindal ) 8.9.2011 Judge Meenu