SUKHWINDER KAUR AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONERS -Sukhwinder Kaur wife of Bakshish Singh, her son Baljinder Singh and Manjit Singh son of Bhai Singh, have preferred the instant petition for the grant of anticipatory bail in a case registered against them along with their other co -accused Bakshish Singh and others, vide FIR No. 42 dated 15.04.2013, on accusation of having committed the offences punishable under Sections 434, 447, 379 and 506 IPC, by the police of Police Station Ghuman, District Gurdaspur, invoking the provisions of Section 438 Cr.P.C. Notice of the petition was issued to the State.

(2.) AFTER hearing the learned counsel for the parties, going through the record with their valuable assistance and after deep consideration of the entire matter, to my mind, the present petition for anticipatory bail deserves to be accepted in this context.

(3.) IT is not a matter of dispute that main accused Bakshish Singh son of Waryam Singh has already filed a civil suit for permanent injunction with respect to the same land, in which, the complainant and his other companions were restrained from interfering or dispossessing him from the land in dispute, by means of order dated 13.03.2013 (Annexure P -1) by the civil court. The dispute appears to be purely of a civil nature. No other specific role or overt -act is attributed to the present petitioners. The perusal of the order dated 18.05.2013 (Annexure P -3) would reveal that the petitioners were admitted to interim bail. Subsequently, the bail application was dismissed by way of order dated 30.05.2013(Annexure P -4) on the ground that the investigating officer had made a statement that the petitioners -accused have not joined the investigation. Moreover, all the main allegations are assigned to main accused Bakshish Singh, who has already been allowed bail.