AMARJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of two connected petitions filed by Amarjit Kaur and others (Cr.Misc. M 24765 of 2010) and Veer Kaur (Cr.Misc. M 28769 of 2010) in a cross version, registered at the instance of Mandip Singh. The original FIR was registered at the instance of Amarjit Kaur alleging that on 11.6.2010 at about 9.30 AM while she along with her sisters Veer Kaur, Sarabjit Kaur and mother Surjit Kaur was ploughing the land with their tractor, being driven by Sukhchain Singh, they were attacked by Baldev Singh, Mehnga Singh and Jagdip Singh, armed with fire lit bamboos, Mandip Singh armed with a gandasi, Sukhwinder Singh armed with fire lit bamboo and Pala Singh was holding a bucket of oil. Petitioners Amarjit Kaur, Kulwinder singh and Satnam Singh petitioners 1,3 and 5 respectively, ( petitioners in Cr.Misc. M 24765 of 2010) have not been attributed any serious injury. They being ladies can be granted the concession of pre-arrest bail. So far as Sarabjit Kaur and Surjit Kaur ( petitioners in Cr.Misc. M 24765 of 2010) are concerned, they have been attributed injuries with fire lit bamboos on the person of Mandip Singh. Veer Kaur (petitioner in Cr.Misc. M 28769 of 2010) was armed with a kirpan, with which she inflicted a grievous injury on the forearm of Mandip Singh. Accused in the main case have already been granted the concession of bail.

(2.) THREE petitioners Sarabjit Kaur, Surjit Kaur and Veer Kaur have actively participated in the fight and used fire lit bamboos and kirpan, as such no extra ordinary exceptional circumstances exist for the grant of pre-arrest bail to them. Petitions on their behalf are dismissed without prejudice to their rights to seek the concession of regular bail by either surrendering before the Illaqa Magistrate or surrendering before the police. So far as Amarjit Kaur, Kulwinder Kaur and Satnam Singh( petitioners in Cr.Misc. M 24765 of 2010) are concerned, petition on their behalf is allowed and it is ordered that in case of arrest of the said petitioners, they will be released on bail to the satisfaction of the arresting officer subject to the condition that the petitioners will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation.