AMARJIT SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition under Section 438 Cr.P.C., 1973 for pre-arrest bail for newly added offences under Sections 325 and 326 IPC has been filed by petitioners Amarjit Singh and Taranjit Singh, both of them being accused in FIR No.148 dated 28.9.2016, under Sections 323, 324, 506, 34 IPC(Sections 325 and 326 added later on), registered with Police Station City, Gurdaspur, District Gurdaspur.

(2.) Briefly stated, the facts of the case as per prosecution version are that complainant - Kulbir Singh Sandhu along with his family has been residing in a house at Civil Lines, Gurdaspur. His brother Amarjit Singh accused along with his family has also been residing there. Sh.Prem Singh Sandhu father and Ms.Amrit Kaur a handicapped sister of Kulbir Singh Sandhu and Amarjit Singh are also putting up in that house. Since Prem Singh Sandhu had withdrawn a sum of Rs. 4,20,000/- from the bank account of Ms. Amrit Kaur, Ms.Amrit Kaur had lodged a complaint under Section 420 IPC against him. The complainant was a witness in that case, therefore, Prem Singh Sandhu, Amarjit Singh and his sons Taranjit Singh and Karanjit Singh @ Mithu used to gave threats to the complainant. On 24.9.2016 at about 11:00 p.m. as wife of the complainant was unwell, the complainant along with his son Sukhmanbir Singh had come out in the courtyard. There his father Param Singh Sandhu empty handed, Amarjit Singh armed with a datar, Taranjit Singh armed with a datar and Karanjit Singh armed with a hockey stick appeared. Prem Singh gave a slap to his son Sukhmanbir Singh, an Advocate by avocation resulting in his turban falling down. Prem Singh Sandhu raised a lalkara that Sukhmanbir Singh was root cause of problems and was causing problems to them being an Advocate, hearing that Amarjit Singh gave a datar blow on the head of Sukhmanbir Singh, Taranjit Singh gave two datar blows on his right leg, Karanjit Singh @ Mithu gave many hockey blows to Sukhmanbir Singh. When the complainant intervened then Prem Singh Sandhu gave a fist blow to the complainant hitting him on face and nose, Karamjit Singh gave hockey stick blows on head, leg and waist of the complainant. After the incident the injured were removed to hospital, where they were medico legally examined. Five injuries were found on the person of Sukhmanbir Singh, Injuries No.1, 4 and 5 were reported to have been caused with sharp edged weapon whereas injuries No.2 and 3 with a blunt weapon. All the injuries were kept under x-ray observation. In terms of the record of Hargun Hospital, Batala Road, Amritsar dated 25.9.2016, fracture lower end ulna and fracture tibia with two incised wound were observed whereas regarding medical examination of Kulbir Singh, eight injuries were found to be there having been caused with a blunt weapon, injuries No.3 to 7 were reported to be simple in nature whereas injuries No.1, 2 and 8 were subjected to x-ray examination. There were fracture of nasal bone of Kulbir Singh. Such injuries were grievous in nature caused with a blunt weapon, coming within the purview of Section 325 IPC.

(3.) After registration of the FIR, the accused joined the investigation. As offences were bailable, they were released on bail, however, they had got recovered weapons of offence. When offence under Section 325 and 326 IPC were added later on, apprehending their arrest in this case, the petitioners had approached the Court of Sessions seeking grant of pre-arrest bail but their such application was dismissed by the Court of learned Additional Sessions Judge, Gurdaspur vide order dated 14.3.2017, as such they have knocked at the door of this Court asking for similar relief.