PARMINDER SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Parminder Singh, the petitioner has brought this petition for cancellation of anticipatory bail granted to respondents no. 2 and 3 by the court of learned Sessions Judge, Shaheed Bhagat Singh Nagar, vide order dated 30.05.2012 (Annexure P-4) in a case registered by way of FIR No. 43 dated 17.04.2012 at Police Station Rahon, District SBS Nagar, for an offence punishable under sections 323, 324 and 326 read with section 34 of the Indian Penal Code, quoting the wrong provision of section 438(2) of the Code of Criminal Procedure.

(2.) Learned counsel for the petitioner has submitted that despite a partition of the house between the petitioner and respondents no. 2 and 3, respondents no. 2 and 3 are not permitting him to stay there peacefully.

(3.) According to him, the petitioner had earlier married with Manjit Kaur, a girl selected by respondents no. 2 and 3 and he obtained a decree of divorce against her on 03.05.2005. According to him, the petitioner again married Darshna Devi and thereafter, respondents no. 2 and 3 never approved his relation with said Darshna Devi. According to him, on the date of occurrence, respondent no. 2 had placed a bed on the sofa set in the lobby of the house, which the petitioner picked up and placed in the rear courtyard of the house. On this, respondents no. 2 and 3 started abusing him and they attacked the petitioner with kirpans by following him to his room. He has further submitted that learned Sessions Judge, SBS Nagar did not take into consideration the seriousness of the matter. According to him, respondents no. 2 and 3 were, therefore, not entitled to the concession of anticipatory bail. He has further submitted that even after the grant of the relief of anticipatory bail, the private respondents are misusing the concession of bail. According to him, they are threatening the petitioner and they have attacked him many times about which he made complaints Annexure P-6 and P-7 respectively to the police officials.