Criminal Misc. No. M-26928 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-26928 of 2009 (O&M) Date of decision: 24.9.2009 Anwar Masih and others .. Petitioners v. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Veneet Sharma, Advocate for the petitioners. ... Rajesh Bindal J. Prayer in the present petition is for grant of anticipatory bail to the petitioners, who are accused in FIR No. 40 dated 1.7.2009, registered under Sections 326, 324, 148, 149 IPC at Police Station, Dera Baba Nanak, District Batala. The FIR was recorded on the statement of John Masih. For the view I am taking, it would be appropriate if the contents of the FIR, as are reproduced in the petition, are extracted below: “Statement of John Masih son of Shokat Masih, caste Christian, resident of Talwandi Rawa, Police Station Dera Baba Nanak, aged about 26 years. It is stated that I am resident of above said address and after doing the course of Veterinary pharmacist am practicing door to door. In the Church of our village, since the year 1990, a Bishop namely Ashok Kumar son of Umardin had come from village Naag and started living in the house near the Church. In the year 1995, C.N. I. Mission transferred Ashok Kumar due to his bad habits, but Ashok Kumar did not go for transfer. The new Bishop was appointed in the village, but he did not vacate the house of the Church and also possessed the community house adjoining to the Church then our community got the community house vacated from him last year due to which he started keeping grudge against us and scared at me when I used to go to Church but kept on avoiding him. On 30.6.2009, I after having my dinner went towards chowk from my house and the bulb was lit at the outer gate of the house of Criminal Misc. No. M-26928 of 2009 [2] Rohshan Masih son of Ennayat Masih in the light of which I saw Vijay Masih son of Indras Masih standing at the chowk and I after going to him started talking to him then time at about 10.00 p.m. Ashok Kumar son of Umardin armed with Datar, David Masih son of Shami Masih armed with Datar, Anwar Masih son of Santokh Masih armed with Datar, Raj Masih son of Shami armed with Datar and Bau Masih son of Karnail Masih empty handed came at the chowk from the side of Church and Bau Masih raised Lalkara that John Masih should not escape as earlier he snatched Church from us and then also snatched community centre and let they be taught a lesson for taking possession from us then Anwar Masih gave datar blow to Vijay Masih and he raised his right arm for his rescue and the blow hit him near his elbow and then Raj Masih gave datar blow to Vijay Masih on the toe of his right leg. I raised an alarm killed- killed then Ashok Kumar gave datar blow to me and I raised my right arm for my rescue and the blow hit on the right knee and in the meantime, David Masih gave datar blow to me and I raised my left arm for my rescue and the blow hit on my left ankle. We raised an alarm killed-killed and then my brother Victor Masih and son of my uncle (taya) David Masih son of Aliyas Masih who were standing on the roof saved us from the accused persons. This whole incident was witnessed in the light of the bulb which was lit at the gate of the house of Roshan Masih. The accused persons ran away from the spot with their respective weapons then my brother Victor Masih after making arrangement of the vehicle and after obtaining docket from police station Dera Baba Nanak and were going to Fatehgarh Civil Hospital where Sukhwinder Singh son of Sardool Singh met us who told us not to get admitted as the compromise will be effected in the morning, but no body has come to us today and therefore, we got admitted in the Fatehgarh Churian Hospital where the doctor issued MLR and gave treatment. The aforesaid Ashok Kumar and other accused out of the grudge have caused injuries. Action may kindly be taken.” As far as grant of pre-arrest bail to the petitioner is concerned, considering the fact that effort of the parties to the dispute is to grab the property of the Church where though claiming themselves to be followers of Christianity and living in the Church, the parties are fighting with deadly weapons, I do not Criminal Misc. No. M-26928 of 2009 [3] find any reason to grant the concession of anticipatory bail to the petitioners. Accordingly the present petition is dismissed. Before parting with the order, I deem it appropriate to bring the matter to the notice of Chief Secretary, Punjab regarding the huge properties of the Churchs in Punjab, especially in bigger cities like Amritsar, Ludhiana and Jalandhar are being grabbed by the persons who are in-charge of the same. Many of them are with criminal background, as is even evident from the facts of the present case. A lot of civil and criminal litigation is pending regarding Church properties. Least the entire property, which is in fact meant for public good, is usurped by the undesired elements, protective steps are required to be taken by the State either to take over all these properties or make some alternative arrangements. Copy of the order be sent to the Chief Secretary, Punjab. (Rajesh Bindal) Judge 24.9.2009 mk