SANDEEP SINGH BEDI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for grant of regular bail to the petitioner under Sec. 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.216 dtd. 25/7/2017, for offence punishable under Ss. 307, 326, 324, 427, 506, 148 and 149 of the Indian Penal Code (in short 'IPC'), registered at Police Station 'E' Division, Amritsar, District Amritsar. Counsel for the petitioner has submitted that as per the allegations in the FIR, which was got registered by the wife of the petitioner Rashmi Bedi, that she was married with the petitioner and out of this wedlock, 02 sons are born. It is further stated in the FIR that the petitioner/husband used to maltreat the complainant and on that account, she returned back to her parental home but was again brought back by the petitioner. In the year 2014, a dispute arose as the petitioner has allegedly prepared certain fake documents for the purpose of obtaining loan and on that account, she got an FIR No.93 of 2014 under Ss. 419/420/467/468/471/120-B IPC, registered at Police Station Civil Lines, Amritsar. Thereafter, the petitioner again committed a fraud with the complainant and another FIR No.91 dtd. 30/5/2016 was registered against the petitioner under Sec. 406 IPC at Police Station Sadar Amritsar. It is further alleged in the FIR that on account of registration of the FIR, the petitioner is threatening and pressurizing her to withdraw the cases. On 23/7/2017 at about 10.15 p.m., when she was present in her house, she heard a noise of breaking of the glass and she came out on the road and she found that the petitioner and his brother (co-accused - Dilpreet Bedi) along with 03 other unknown persons were causing damage to her car with bricks and at that time, the petitioner was carrying a datar in his hand. When she tried to stop them, the petitioner attacked her and caused an injury on the left front side of head and blood started oozing out. Thereafter, the petitioner caught hold of her from hair and threw her on the ground and started beating her and when she raised noise, her mother and other people gathered there and on seeing them, the accused ran away from the spot.

(2.) Counsel for the petitioner has argued that as per the opinion of the doctor, when the complainant had come to the emergency, she was conscious and well oriented. Injury No.1 was incised wound of 4.3 x 1 cm on left side of her forehead. Counsel for the petitioner further submits that though on 29/7/2017, the Department of Forensic Medicine and Toxicology, Govt. Medical College, Amritsar, had given an opinion that injury No.1 is grievous in nature, however, based on CT-Scan report, the Board of Doctors constituted by Civil Surgeon, Amritsar, on the request of complainant Rashmi Bedi, found injury No.1 of the above said patient, grievous in nature. Counsel for the petitioner has submitted that on 12/8/2017, the Department of Forensic Medicine and Toxicology, had given another opinion to the SHO, Police Station 'E' Division, Amritsar, regarding the MLR of complainant Rashmi Bedi that the possibility of injury No.1 being caused by friendly hand cannot be ruled out and therefore, in view of the conflicting opinions, it cannot be said, at this stage, that injury sustained by complainant was grievous in nature. Counsel for the petitioner has further submitted that the petitioner is in judicial custody since 27/4/2018 and initially, the offence under Sec. 307 IPC was deleted but again, on the basis of the medical report, it was added and primarily, there is a matrimonial dispute between the petitioner and the complainant. It is further stated that the statement of the complainant - Rashmi Bedi, has already been recorded by the Additional Sessions Judge on 10/1/2019 and only part of her cross-examination remains to be recorded.

(3.) Counsel for the petitioner has also submitted that the co- accused of the petitioner namely Dilpreet Bedi, who is also the real brother of the petitioner, has already been granted the concession of regular bail vide order dtd. 28/8/2018 passed in CRM-M No.28435 of 2018. It is also submitted on behalf of the petitioner that the dispute arose between the parties, on account of a partnership between the petitioner and one Gursajan Bedi, the first cousin of the petitioner and he is the person responsible for spoiling the matrimonial life of the petitioner and the complainant. It is also submitted that there is a delay of 02 days in registration of the FIR.