CRM No. M-5947 of 2009 In the High Court of Punjab and Haryana at Chandigarh. CRM No. M-5947 of 2009 Decided on:- 23.03.2009 Manjit Singh and others ……Petitioners Versus State of Punjab …….Respondent Coram Hon’ble Mr. Justice K. C. Puri Present Mr. M. L. Saggar, Sr. Advocate with Mr. G. S. Bar, Advocate for the petitioners. Mr. P. S Bajwa, AAG, Punjab. K. C. Puri, J.(Oral ) The petitioners have applied for grant of anticipatory bail in case FIR No.219 dated 17.10.2008, Police Station Phillaur, Jalandhar, registered under Sections 323, 324, , 325, 307, 148 and 149 IPC. The law was set into motion by recording the statement of Sukhwinder Singh @ Sukhi son of Shri Sher Jang Singh, Jat, resident of Shian Dod, Police Station, Payal, District Ludhiana, dated 26/27 years. “ That I am the resident of above address. I alongwith Gurpreet Singh son of Baba son of Ram Ditta, caste Jat, resident of Sian Dod, P.S Payal are doing agriculture works on the Dera of Iqbal Singh son of Hari Singh caste Jat, resident of Haripur Khalsa, P. S Phillaur. Gurpreet Singh @ Baba and Sunil Kumar @ Pinki of Phillaur Karanti Cold Storage, Phillaur has taken on Chakota land measuring 10 acres from Iqbal Singh. I alongwith Gurpreet Singh @ Baba mentioned above, Sunil Kumar @ Pinki, Sukhwinder Singh @ Moti son of Kashmir Singh, all four of us are doing work at the house and Dera of Iqbal Singh. Gurpreet Singh is doing the work of agriculture. Iqbal Singh had won the case of 10 acres of land with his brothers in the Punjab and Haryana High Court, Chandigarh. On 12.10.2008, Iqbal Singh left for Canada. Sunil Kumar, his driver had gone to Amritsar to drop him. During the intervening night of 12.10.2008 around 12:30 after having meals, all four of us were lying on the cots. I CRM No. M-5947 of 2009 was going to the roof of kotha, Gurpreet Singh @ Baba , Sunil Kumar, Sukhwinder Singh @ Soni were lying down and we were talking. Electric bulb was on, on the roof of the room. In the meantime, 20/30 persons armed with sticks, kirpans , datars and other weapons reached Dera. Sh. Bikram @ Patti , Man Singh, Rachpal Singh reached on the roof stood and on it, someone hit me and threw me down. I lied down in the courtyard. The above accused alongwith Harvinder Singh son of Teja Singh caste Jat armed with sword, Kuldip Singh son of Kewal Singh, caste Jat armed with sword, Manjit Singh @ Manna son of Teja Singh armed with kirpan, Jasbir Singh @ Raja son of Teja Singh, Jat, armed with kirpan, Jaspreet Singh son of Jasbir Singh, Jat armed with sword, all residents of Haripur Khalsa, PS Phillaur. They were accompanied by Kamba son of Chhinder Pal armed with kirpan, Shiv son of Chhinder Pal armed with datar, Jagjit Singh son of Mohinder Singh, caste Jat resident of Mau Sahib armed with datar and iron rod alongwith 20/30 unknown persons armed with kirpans, gandasi, datars and iron rods reached Dera. We and the other two companions Sunil Kumar @ Baba, Sukhwinder Singh @ Soni were surrounded in the courtyard and hit us on the head and arms and both legs with their respective weapons and caused injuries. All of us raised rola “ Mar ditta–mar ditta, bachao-bachao but no one listen to us. I can identify the accused if brought before me. Dera is away from the village. The age of the accused is between 25/40 years. The accused also threatened and were enquiring about Iqbal Singh. They were saying that we should run away from the land. Iqbal Singh has won the case of land. These days Sunil Kumar @ Pinki, r/o Phillaur, Gurpreet Singh @ Baba above mentioned are doing agriculture. The land has been ploughed. All the above mentioned accused after causing us injuries and giving threats ran away alongwith their weapons. The above accused caused injuries to me and my companions with the intention to kill us. Thereafter, Vicky of our village phoned Sunil Kumar @ Pinki that they should arrange some vehicle and take them from CRM No. M-5947 of 2009 the Dera. First of all, they took us to Civil Hospital, Phillaur and thereafter to CMC Hospital, Ludhiana and thereafter to DMC, Ludhiana. I have come to give information. The motive is that Iqbal Singh had won the case of the land and the accused have caused us injuries to take possession of the land. I am under treatment in DMC Hospital, Ludhiana and the other companions are under treatment in CMC Ludhiana. The statement is correct, legal action be taken. LTI Sukhwinder Singh, attested Gurminder Singh, ASI, PS, Phillaur dt. 17.10.2008.” As per medical report, Gurpreet Singh received 10 injuries out of which two injuries have been declared dangerous to life. Sukhwinder Singh son of Kashmir Singh received six injuries out of which two were declared dangerous to life, Gurwinder Singh received as many as 12 injuries out of which four injuries were declared grievous whereas Sukhwinder Singh son of Janice Singh received 11 injuries out of which two injuries were declared grievous and one injury was declared dangerous to life. Learned counsel for the petitioner has submitted that petitioners have been delivered possession in proceedings under Section 145 Cr. P. C and the matter has been adjudicated upon upto the level of Hon'ble Supreme Court and possession of petitioners have been upheld. It is further contended that Sukhwinder Singh and Gurpreet Singh are outsiders and are land Mafia persons and they wanted to take possession of the land by force. The petitioners are seeking anticipatory bail. The number of injuries as explained above shows the fact that four persons have been mercilessly beaten. The petitioners are seeking anticipatory bail. Weapon of offence are yet to be recovered. No extra ordinary circumstance for grant of anticipatory bail is made out. Plea of self defense can be adjudicated only during the course of trial. Petition stands dismissed. March 23, 2009 ( K.C. Puri ) Mamta Judge