GURJANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of Criminal Misc -M -29291 of 2009 filed by Gurjant Singh son of Gurjit Singh, Criminal Misc -M -29308 of 2009 filed by Mohinder Kaur @ Babbi wife of Gurjit Singh and Criminal Misc M - 32978 of 2009 filed by Harjit Singh @ Rajan son of Gurjit Singh as they arise out of the same FIR and occurrence. The petitioners - Gurjant Singh and Mohinder Kaur seek pre -arrest bail while petitioner - Harjit Singh seeks regular bail, in terms of their respective petitions.

(2.) THE FIR in the case has been registered on the statement of Sher Singh (injured). It is alleged by Sher Singh - complainant that on 13.9.2009 at about 10 p.m. after finishing his work, he was returning home. He came in Gali No. 5, Karampura and was passing near the house of Gurjit Singh, then all of a sudden from the opposite side, Harjit Singh @ Rajan (petitioner in Criminal Misc -M -32987 of 2009), Gurjant Singh @ Sajan (petitioner in Criminal Misc -M -29291 of 2009) sons of Gurjit Singh, both armed with Kirpans, came and encircled the complainant. In the meantime, their mother - Mohinder Kaur @ Babbi (petitioner in Criminal Misc -M29308 of 2009) armed with a Baseball Bat came there and raised a Lalkara that the complainant should not be allowed to go and the dispute would be finished forever. On this, Harjit Singh @ Rajan gave a Kirpan blow, which hit on the left side of the head of Sher Singh - complainant, who fell on the ground and was smeared with blood. He raised an alarm of "Bachao Bachao". Then, a cousin of the complainant - Sher Singh namely Mandeep Singh (injured) came forward to rescue the complainant. The abovesaid persons also caused injuries with their respective weapons. Gurjant Singh @ Sajan gave a Kirpan blow to the complainant while he was lying on the ground. The blow hit on the left hand fingers. On hearing noise, people collected at the spot and after giving threats, the three assailants ran away. The mother of the complainant namely Paramjit Kaur and his cousin - Manmohan Singh after arranging conveyance got the complainant admitted in the Emergency of Guru Nanak Dev Hospital, Amritsar where he was under treatment. By causing injuries, it is alleged that Harjit Singh @ Rajan and Gurjant Singh @ Sajan and their mother - Mohinder Kaur @ Babbi had committed the crime. The motive for causing the injuries was that Harjit Singh @ Rajan had a bad eye on complainant's sister and he had stopped him. A request was made for taking legal action.

(3.) THE petitioners - Gurjant Singh and Mohinder Kaur are not attributed any grievous injury on the person of Sher Singh and Mandeep Singh. In fact, Mandeep Singh has not suffered any grievous injury. At the time of motion hearing, insofar as Gurjant Singh - petitioner is concerned, it was noticed that the injury attributed to him has been declared simple in nature. Insofar as Mohinder Kaur - petitioner is concerned, it was observed that only a Lalkara has been attributed to her. The arrest of both these petitioners - Gurjant Singh and Mohinder Kaur was stayed by separate orders dated 21.10.2009.