AMANDEEP SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition under Section 438 Cr.P.C. for pre-arrest bail has been filed by petitioners Amandeep Singh, Sunny @ Jatinder, Priya and Priyanka, all of them being accused in FIR No.80 dated 5.9.2017, under Sections 324, 323, 506, 148,149, 452 and 427 IPC, registered at Police Station Shahpur Kandi, District Pathankot.

(2.) Briefly stated, the facts of the case as per prosecution version are that FIR in this case was registered on the basis of statement of complainant Sunita Devi wife of Ravinder Singh, resident of village Ghoh, aged about 34 years, in which she stated that she has two children, elder son Pratham Singh, aged 8 years and younger daughter Suneha Devi aged about 5 years; that her husband is an Ex. Army personnel; that on 2.9.2017 at about 6:30 to 7:00 p.m., when she was clearing the grass from her street near her house, then Amandeep Singh alias Marru, who was wearing an underwear only along with his cousin brother Sunny, sister Priya, cousin sister Priyanka, mother Bholi, paternal aunt Kamlesh Devi, paternal uncle Bhupinder Singh and Sahil came to the spot and started abusing her; that Amandeep Singh @ Marru caught hold of her and started giving her kicks and punches in her stomach, then the daraat which she was using for cutting the grass was snatched by Amandeep Singh @ Marru, who gave two blows to her with daraat hitting her below the elbow; that Amandeep Singh @ Marru again gave two blows, which hit her below elbow of right and left arm; that Amandeep @ Marru also tore her clothes; that she started running towards the gate; that Amandeep Singh @ Marru, his sister Priya, cousin Priyanka also ran after her and gave slaps to her, whereas Sunny threw bricks towards her hitting on the left side of her forehead and face; that she raised alarm, hearing which her husband Ravinder Singh came there, then Sunny gave a daang blow to Ravinder Singh hitting him on right side of back; that Sunny also picked up a brick throwing it towards Ravinder Singh, aimed at the right side of forehead; that thereafter all the four assailants went out of their house through the main gate and from outside also along with their other family members threw stones and broke the main gate and CCTV camera installed outside their house. The injured were taken to Civil Hospital, Badani, where they were admitted and medico-legally examined. Due to serious condition of the complainant, she was referred to Civil Hospital, Pathankot, where she was treated.

(3.) 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, Pathankot vide order dated 20.11.2017, as such they have knocked at the door of this Court asking for the similar relief.