IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-33438 of 2010 Date of decision: 22.3.2011 Lachhman Singh and Others …. Petitioners Versus State of Punjab …. Respondent Present: Mr. S.S. Brar, Advocate for the petitioners. Mr. M.C. Berry, Addl. A.G., Punjab. *** S.S. SARON, J. Heard counsel for the parties. The petitioners seek pre-arrest bail in a case registered against them on 6.9.2010 for the offences under Sections 379, 323, 325, 148 and 149 IPC; besides, Sections 3 (1) and 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“Act”- for short). The FIR in the case has been registered on the complaint of Gian Chand who has alleged that he is serving in the Police Department at Ferozepur. In 1983, he purchased a plot measuring 200 square yards in street No.22/1, Partap Nagar, Bathinda. Ownership of the said plot was in the name of his wife Paramjit Kaur. About 5-6 months earlier, Lachhman Singh (petitioner No.1) asserted his right on the said plot. In this regard, he (petitioner No.1) filed a civil suit in the Court and a stay was granted in his favour. However, Lachhman Singh (petitioner No.1) could not produce certain documents about the ownership of the plot in Court. Therefore, the Court on 30.7.2010 vacated the stay. A day earlier to the registration of FIR on 6.9.2010 CRM No. M-33438 of 2010 [2] i.e. on 5.9.2010, the complainant Gian Chand along with his sister’s son-in-law Megh Raj and his wife Paramjit Kaur; besides, his son Jatinder Singh as also Amar Dass son of Lachhmani Narain, had come to erect an iron gate at the plot. The complainant erected the iron gate at the plot on 5.9.2010. Lachhman Singh (petitioner No.1) moved an application before the Police objecting to the putting of an iron gate and both the parties were summoned at the Police Station. Lachhman Singh (petitioner No.1), it is alleged, did not have documents regarding ownership of the plot. Therefore, the parties were asked to come again to the Police Station in the afternoon. The complainant went back to his plot. At about 5 o’clock, the complainant with his aforesaid companions were standing at the gate of the plot to go to their village. In the meantime, on seeing the complainant and his companions standing there, persons from his village namely Gurprem Singh and Baljinder Singh who had come in Aroma Palace opposite their plot to attend a marriage ceremony came towards them. Lachhman Singh (petitioner No.1) in the meantime came armed with a ‘gandasa’; Lovely (petitioner No.3) son of Lachhman Singh (petitioner No.1) was armed with a ‘wooden stick’ (sota) and Ranjit Kaur (petitioner No.2) wife of Lachhman Singh (petitioner No.1) was also with them. Besides, Joga Singh son of Labh Singh was armed with a baseball bat; Mandeep Kaur daughter of Darshan Singh who is the daughter of Lachhman Singh’s sister, Bhima son of Sadhu Ram was armed with a ‘wodden stick’ (sota); Mander Singh son of Malkit Singh was armed with a ‘baseball bat’; Bobby was armed with a ‘wooden stick’ (sota); Sunil Kumar @ Laud was armed with a ‘wooden stick’ (sota); Deepak Kumar @ Machhar and Soma son of Surjit and some unknown persons were armed with ‘wooden sticks’ (sotas). They raised lalkaras and came towards the complainant side. Lachhman Singh (petitioner No.1) uttered the offending words regarding the caste of the complainant CRM No. M-33438 of 2010 [3] and said that they be given possession of this plot on that day. At this Lachhman Singh (petitioner No.1) gave a gandasa blow on the left shoulder of the complainant. On seeing so many persons, the complainant and his companions entered the house of one Ajmer Singh, who was a neighbour of the complainant. Lovely (petitioner No.3) gave a wooden stick (sota) blow on the right knee of the complainant and he fell down. At this, son of the sister of Lachhman Singh (petitioner No.1) namely Jagga Singh struck a baseball bat on the inner side of the right ankle of the complainant. Bhima struck a wooden stick on the right arm of the complainant. Bobby struck a wooden stick on the back side of the right arm of the complainant and Lachhman Singh (petitioner No.1) again gave a gandasa blow from its reverse side on the back of his shoulder. In this manner, injuries are attributed to the petitioners and their companions. These accused also inflicted injuries to Megh Raj who is the sister’s son-in-law of the complainant, due to which there was bleeding from his head. The accused Lachhman Singh (petitioner No.1), his wife and his sister’s daughter Mandeep Kaur uttered the offending words in the name of caste of the complainant and said to teach a lesson to the complainant so that they may not dare to come towards the said plot in future. The accused while going also stole the iron gate at the plot which was worth about `2500/-. The complainant and Megh Raj were injured. The son of the complainant namely Jatinder Singh and Amar Singh arranged a vehicle and got them admitted in Civil Hospital, Bathinda where they were under treatment. As per the MLR report, Megh Raj has suffered 4 injuries. Injury No.1 is a lacerated wound 7x.5 cm over left parietal region; 7 cm above middle end of left eyebrow. Fresh bleeding was present. The kind of weapon used for all the injuries was blunt. CRM No. M-33438 of 2010 [4] The challan in the case has been filed for the offence under Section 325 IPC is bailable. The allegations relating to uttering of offending words against the caste are not shown to have been uttered at a public place in terms of Section 3(1)(x) of the Act. Learned State counsel on instructions from SI Baldev Singh Police Station Canal Colony, Bathinda has submitted that the petitioners have joined the investigation and their custody is not required for the purposes of investigation. The recoveries have also been effected. Besides, report in terms of Section 173 CrPC has been filed in Court. In the afore-noticed facts and circumstances, the interim bail granted on 22.11.2010 is made absolute. Crl. Misc. petition stands disposed of. (S.S. SARON) March 22, 2011 JUDGE amit