Criminal Misc. -M No. 18776 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.-M No. 18776 of 2011 (O&M) Date of decision: 5.8.2011 Niranjan Singh .. Petitioner v. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. J. S. Gill, Advocate for the petitioner. Mr. P. S. Grewal, Deputy Advocate General, Punjab Mr. M. S. Sidhu, Advocate for the complainant. ... Rajesh Bindal J. The petitioner in the present case, who is stated to be 75 years of age, has prayed for grant of pre-arrest bail in FIR No. 156 dated 16.11.2010, registered under Sections 326, 324, 323, 148 and 149 IPC, Police Station, Makhu, District Ferozepur. The FIR has been registered against the petitioner and three other accused on the statement of Mahinder Singh, one of the injured in the alleged incident which took place on 1.11.2010, but the FIR was registered on 16.11.2010. The petitioner in the present case has been attributed injury with a sword on the right-arm of the complainant. The injury was found to be grievous and offence under Section 326 IPC was added. Learned counsel for the petitioner submitted that the petitioner is resident of village Dosanj Kallan. In 1970s, he had bought 12-1/2 acres of land in village Chakian. As the nephew of the petitioner, namely, his Criminal Misc. -M No. 18776 of 2011 [2] sister's son is resident of village Chakian, he used to help the petitioner in cultivating the land. All the khasra girdawaris were in the name of the wife of the petitioner. However, in the year 2009, Raj Pal Singh got the khasra girdawari changed in his name by filing a false affidavit with the revenue authorities. Having come to know about the same, the petitioner filed application. The change in the khasra girdawari was reversed. FIR No. 65 was got registered against Raj Pal Singh for filing false affidavit for change of khasra girdawari on 13.5.2010. The petitioner got another FIR registered against Raj Pal Singh bearing No. 74 dated 3.6.2010, whereby he had taken some money belonging to the petitioner from the Commission Agent. In both the FIRs, after investigation, challans have been presented. For illegally harvesting the crop on the land owned by the wife of the petitioner, FIR No. 100 was got registered against Raj Pal Singh on 23.7.2010. As Raj Pal Singh was continuously threatening to take possession of the land owned by the wife of the petitioner, a civil suit was filed in which civil court granted status quo regarding possession. In appeal filed by the wife of the petitioner, the interim order was modified and stay regarding dispossession was granted. Civil Revision filed by Raj Pal Singh was dismissed by this court on 18.5.2011. He further referred to the conduct of Raj Pal Singh by stating that he forged the will of his brother Mehal Singh, for which FIR No. 112 was registered against him on 19.8.2010 by Mehal Singh. He further referred to FIR No. 78 got registered by the wife of the petitioner on 24.6.2011 against Raj Pal and Mohinder Singh (present complainant) for forging an agreement to sell 12-1/2 acres of land in village Chakian, which is still under investigation. He further submitted that besides there being 15 days' delay in registration of the FIR, the complainant-injured did not even appear before the Board of Doctors constituted for his re-examination and on the basis of available record, the Board opined that there is possibility that injury No.1, which is on non-vital part of the body, can be caused by a friendly hand. Regarding the enquiry conducted by Superintendent of Police (Headquarters), he submitted that he found that all other accused Criminal Misc. -M No. 18776 of 2011 [3] named in the FIR were innocent and it was only the petitioner who had caused injuries to the complainant, whereas in the medico-legal report, one of the injuries allegedly suffered by the complainant was that a portion of his right ear had been chopped off. That injury is attributed to Gurdeep Singh as per the contents of the FIR, but still he was found innocent. The only injury attributed to the petitioner is on the right fore-arm. He further submitted that some other complaint filed against Raj Pal Singh and Mehal Singh (not the brother of Raj Pal Singh) pertaining to forging of an agreement to sell the land is also pending investigation with the Deputy Superintendent of Police, Muktsar. It is, in fact, a land mafia. Summing up the contentions, learned counsel submitted that the petitioner has been falsely implicated. There is delay of 15 days in recording of FIR. He is 75 years of age, there is no question of his involvement in the case and causing the injuries, as alleged. The dispute is pertaining to the land which Raj Pal Singh wants to grab. Mahinder Singh helped him in getting this false FIR registered against the petitioner. As one of the other accused named in the FIR being Mehal Singh is brother of Raj Pal Singh, they have settled their dispute within the family as there was one FIR registered by Mehal Singh against Raj Pal Singh for allegedly forging his will. In the enquiry conducted by Superintendent of Police (Headquarters), all were found innocent. The entire burden was put on the petitioner. On the other hand, learned counsel for the State, placing reliance upon the enquiry conducted by Superintendent of Police (Headquarters), submitted that three other accused named in the FIR were found innocent and for the injuries inflicted upon the complainant, the petitioner is responsible. The injuries being grievous, he is required to be taken into custody for interrogation. Learned counsel for the complainant submitted that it is a dispute pertaining to land between the petitioner and Raj Pal Singh, who are Mama and Bhanja. The complainant has nothing to do with the same. The injuries cannot be said to be self-inflicted as alleged. The delay in lodging the FIR is sought to be explained by stating that talks for Criminal Misc. -M No. 18776 of 2011 [4] compromise were going on with the petitioner. He further submitted that the complainant did not receive any notice for appearance before the Board of Doctors for re-examination. Heard learned counsel for the parties. In the FIR, it has been stated by the complainant that he is considered as a person, supporting Raj Pal Singh. There are number of FIRs registered against Raj Pal Singh by the petitioner or his wife, as have been mentioned by learned counsel for the petitioner and noticed in the previous part of the order. There is delay of 15 days in registration of the FIR, which is sought to be explained by learned counsel for the complainant stating that talks for compromise were going on with the petitioner and further the fact that the injury attributed to the petitioner, though is stated to be with a sword but the same is an incised wound of 4.5 cm. x 0.75 cm. on the right fore-arm and further that the petitioner is 75 years of age, in my opinion, he is not required to be taken into custody for interrogation. Let the petitioner join investigation and appear before the Investigating Officer on 16.8.2011 at 10.00 A.M. In case of arrest, the petitioner shall be released on furnishing of bail bonds to the satisfaction of the 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) Judge 5.8.2011 mk