SUKHCHAIN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRAYER made in the petition is for grant of anticipatory bail to the petitioners in a case arising out of FIR No. 110 dated 10.8.2012 under Sections 307/326/324/323/341/427/149 and 148 IPC registered at Police Station Valtoha, District Tarn Taran. A perusal of the aforementioned FIR registered on the basis of statement made by complainant -Ranjit Singh would reveal that on 9.8.2012 at about 1.00 p.m. he and his party men were stopped by the accused near grain market of village Ghariala when they were returning after attending the Court case at Tarn Taran. Sukhchain Singh raised a lalkara that lesson be taught to the complainant for getting false cases registered against them. Sukhchain Singh caught hold of the complainant from his neck and pulled him out of the Gypsy vehicle. Daler Singh gave a gandasi blow on the head of the complainant.

(2.) GURVINDER Singh gave a kirpan blow on the left leg of the complainant, Gurchet Singh gave two blows with a baseball bat on the thigh and left arm of the complainant. Daler Singh gave a gandasi blow from its reverse side hitting the complainant on his left shoulder. Ajit Singh gave two dang blows to the complainant on his right shoulder and right thigh. As a result, the complainant fell down. All the accused then attacked Kulwant Singh, Surjit Singh, Gurdiyal Singh and Satnam Singh, companions of the complainant. Some unidentified persons, who had come on motor cycles damaged the Gypsy of the complainant besides causing injuries to his party men. An alarm was raised whereupon all the assailants boarded their vehicles and while raising lalkaras, decamped from the spot.

(3.) LEARNED counsel for the petitioners has submitted that no such incident as alleged by complainant -Ranjit Singh had taken place on 9.8.2012 at about 1.00 p.m. near the grain market. Infact, the petitioners and their co -accused have been falsely implicated. It is also submitted that earlier an occurrence had taken place on 29.1.2012 wherein petitioners -Sukhchain Singh and Talwinder Singh as well as their party man Ranjit Singh son of Dalbir Singh were attacked by the complainant party. Instead of registering a criminal case against the complainant party, the local police registered FIR No. 27 dated 29.1.2012 under Sections 323/324/148/149 IPC against the party men of the petitioners. It was, however, later on, that a cross -case was initiated under Sections 324/323/148/149/506 IPC against the complainant party. It is further submitted that the Superintendent of Police (D), Tarn Taran conducted an enquiry in the present FIR and submitted his report dated 10.1.2013 (Annexure P -14) by directing the arrest of the petitioners and their party men and presentation of challan against them as the petitioners owe allegiance to the Congress Party whereas the complainant party is being supported by the ruling party. Not satisfied with the same, the petitioners, once again, asked for holding fresh enquiry but even the said enquiry has been decided against the petitioners by the Superintendent of Police, Tarn Taran on 21.2.2013 (Annexure P -15) on false and frivolous grounds that the petitioners were putting pressure on the police by producing statements of seventy four persons belonging to the grain market wherein they stated that no such occurrence as alleged by the complainant had taken place there.