BAHADUR SINGH AND ANR. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an application for anticipatory bail. The petitioners apprehend arrest for the offences under sections 304,147,149,217 and 218 of the Indian Penal Code.

(2.) The FIR has been registered against the present petitioners. The complainants are Pawan Kumar Singla son of Om Parkash Singla and Jaswinder Singh son of Jaswant Singh. They are stated to be belonging to Communist Party of India Their shops are near the shop of Ashok Kumar Bhagat. It is contended by the complainants inter alia in the complaint that on 19.6.96 the petitioners along with three persons went to the shop of the deceased in connection with the settlement of the property. The petitioners are stated to be habitual of taking illegal possession from the property holders by forcible means and after that they sell the same at higher rate. It further contended that the property of Ashok Kumar was adjoining the property of petitioner No.2. He wanted to embezzle the property of Ashok Kumar but he (Ashok Kumar) tried to save his property. It is further alleged that on 19.6.96 both the petitioners along with three other persons went to the shop of the deceased and started beating Ashok Kumar (since deceased) mercilessly. It is further contended that the petitioner have so much influence in that locality that nobody tried to save the life of the deceased. After Ashok Kumar became "nervous", the petitioners put him in the Dicky of the car. In the meantime, Jaswinder Singh complainant went to the police station and made a request to SHO Mohinder Singh to lodge the FIR who refused to do so in the presence of other police officials because they all received huge illegal gratification. It is also contended that on the next day Ashok Kumar died but in view of the influence of the petitioners, no postmortem examination was conducted.

(3.) I have heard learned counsel for the petitioners and learned Assistant Advocate General, Punjab.