GURDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order of mine will dispose of Criminal Miscellaneous Nos. 656-M and 2770-M of 2002 as similar questions of law are involved in both the petitions. Gurdeep Singh-petitioner in Criminal Miscellaneous No. 656-M of 2002, Jagir Singh and Ajaib Singh-petitioners in Criminal Miscellaneous No. 2770-M of 2002 seek pre-arrest bail in a complaint case filed by Gurdeep Singh son of Munshi Singh, complainant-respondent No. 2 against them under Section 3 and 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as, 'the Act, 1989'), Civil Rights Protection Act and under Section 427/506 of Indian Penal Code (hereinafter referred to as, 'the Code'), which is pending in the Court of Chief Judicial Magistrate, Ferozepur.

(2.) THE facts which led to the filing of the complaint against the petitioners-accused need to be noticed briefly. Gurdeep Singh, complainant- respondent No. 2 claims that he belongs to Mazhabi Sikh caste. A water course of canal water passes through the land of Nachhattar Singh and Tara Singh son of Buta Singh, residents of Gill. The land of the complainant is situated adjoining the said water course. On 27.8.1998 during the morning time at about 10.00 A.M., Bawa Singh, Manna Singh, Ajaib Singh and Gurdeep Singh along with Gorkha were noticed digging the said water course. The earth removed by them was put in the agricultural land of the complainant in which he had (sic) as a result of which, the plants of cotton crop came under the earth which resulted in a loss to him. Complainant went to the field and protested to Bawa Singh and other accused, and asked them not to throw the sand in his field. He rather suggested them that they should put the sand in the drain of the water course. Accused left the spot uttering some bad words to him. On the same day at about 11.00 A.M., the aforesaid accused returned to the spot again. Jagir Singh, who is member of the Panchayat, Sukhdev Singh son of the complainant and Pal Singh son of Kapoor Singh were also present with them. They were accompanied by 2-3 other persons as well. Complainant also reached there. At that time, accused Jagir singh addressed him "Kutia Chuhria" and further stated that he had stopped them from throwing the sand of the water course and if damage had been caused to his 4/5 cotton plants there was no reason for him to make any grievance. Thereupon, accused Gurdeep Singh and Ajaib Singh uttered "Duwani Da Chuhra stops us from throwing sand". Thereafter they stated that they would damage the whole crop with a Suhaga and would see as to what action is taken against them. Thus they had threatened the complainant. Thereafter, he was detained from 30.8.1998 to 2.9.1998 in the Check Post Mudhki, Tehsil and District Ferozepur. At the instance of Sukhdev Singh, an application was filed on 31.8.1998 in the Court of Shri H.J.S. Tiwana, Judicial Magistrate Ist Class, Ferozepur, wherein, it was complained that the complainant had been illegally detained in the said Check Post whereupon he was produced before Sub Divisional Magistrate, Ferozepur on 2.9.1998, where a case under Section 107/151 was registered against him. Complainant, then, filed complaints to Deputy Inspector General, Senior Superintendent of Police and Station House officer in this regard, but no action was taken against the accused. In view of these allegations, petitioners-accused had sought pre-arrest bail but the same was rejected by the Additional Sessions Judge, Ferozepur, as per order dated 20.11.2001 stating that the same was not maintainable. Hence, the present petition.

(3.) LEARNED counsel representing the petitioners-accused while pressing for their bail contended before me that no specific mention has been made in the complaint that at the time of commission of crime, petitioners were aware, that the complainant belongs to scheduled caste, and the facts stated in the complaint do not disclose the commission of offence under Section 3 and 4 of the Act, 1989 as well as under Sections 427/506 of the Code. Reliance was placed by him on the cases Pala Singh v. State of Punjab, 2000(1) RCR(Criminal) 817 and Smt. Saroj Kumari v. State of Haryana, 2002(1) RCR(Criminal) 558. Opposing the submissions made, it was stated by the State counsel that in view of the provisions of Section 18 of the Act, 1989 petitioners are not entitled to claim pre-arrest bail.