RASHMA KUTHIALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the petitioner in the event of arrest in FIR No. 241 dated 23.11.2021, registered under Sections 307, 324, 323, 120-B, 148, 149 (Section 326 added later on) of the Indian Penal Code at Police Station Division No. 2, District Pathankot.

(2.) Learned Senior Counsel for the petitioner would contend that the petitioner herein has been falsely implicated in the present case as no role or injury has been attributed to her. In fact, the alleged dispute arises out of a civil litigation, which is already pending between the parties. It is also argued that as per proviso (ii) of Section 437 (1) of the Code of Criminal Procedure, 1973, the Court may direct a person to be released for a non-compoundable offence, if such a person is under the age of sixteen years or is a woman or is sick or infirm and in the present case the petitioner is a woman and would undertake to comply with any direction given by this Court, if allowed anticipatory bail.

(3.) Reply has been filed by the complainant, wherein it is categorically averred that there is pending litigation between Rashma Kuthiala-petitioner herein and the complainant family pertaining to the land measuring 15 kanals 14 marlas situated in revenue estate of Village Anandpur, Hadbast No. 336, Tehsil and District Pathankot. In the civil litigation filed by the father of the complainant, the petitioner and others, who are none other than her brother, had been restrained from interfering in the peaceful possession of the complainant and his family members. However, despite injunction order, the petitioner and her brother Bharat Chaudhary continued to raise construction on the land, consequent to which various complaints were filed to the Senior Superintendent of Police, Pathankot. These complaints are dated 4.5.2020, 5.8.2020, 6.8.2020 and 8.8.2020. However, the petitioner did not mend her ways and continued with the construction. She in fact was instrumental in organizing several persons to attack upon the complainant and his brother. The assailants came armed with kirpan, iron rod, baseball bat and attacked upon the brother of the complainant, namely Rajiv Puri. When the complainant tried to save his brother, he too was given blows by a baseball bat. It is argued that the brother of the complainant suffered several injuries, including fracture in the skull and other parts of the body, which are dangerous to life. As per the Medico Legal Report, the brother of the complainant suffered the following grievous injuries:-