Jagtar Singh @ Pappi Brar And … vs Raja Singh on 10 March, 2009

In the High Court of Punjab and Haryana at Chandigarh


                               Crl. Misc. No. M- 5579 of 2009
                               Date of Decision:March 10, 2009


Jagtar Singh @ Pappi Brar and others


                                            ---Petitioner


                  versus


Raja Singh

                                            ---Respondent

Coram:       HON'BLE MRS. JUSTICE SABINA

                 ***

Present:     Mr.Iqbal S.Mann,Advocate,
             for the petitioner

             Mr.Navdeep Chhabra, Advocate,
             for the respondent.

                  ***

SABINA, J.

Petitioners have filed this petition under Section 438 of the

Code of Criminal Procedure (hereinafter referred to as ‘Cr.P.C.’) seeking

anticipatory bail in complaint No. 56-1 dated 4.4.2007 titled as “Raja

Singh vs. Jagtar Singh and others” under Sections 323, 336, 506/34 of the

Indian Penal Code and Section 3(III) (X) of the Scheduled Castes and

Scheduled Tribes Act, 1989.

Complainant-Raja Singh has filed a complaint against the

petitioners alleging that on 3.4.2007 at about 8.30 a.m. he was attacked by
Crl. Misc. No. M- 5579 of 2009 -2-

the petitioners in front of many other person and he was abused by the

petitioners.

Learned counsel for the petitioners has submitted that the

complainant was, in fact, breaking the pipe, which is to be maintained by

the panchayat, to give connection to the house of Resham Singh. An

application was moved by Baljit Singh-petitioner No. 3 to S.H.O., Police

Station, Muktsar in this regard. When he came to know that the illegal act

was being committed, he went to the spot and stopped the said persons

from making illegal water connection and he also gave information to the

panchayat in this regard that Raja Singh etc. who were making illegal

connection, had insulted him. The said application is dated 3.4.2007

Learned counsel for the respondent, on the other hand has

submitted that the petitioners had attacked the complainant in front of other

person and had also insulted him as he is a scheduled caste.

The fact that whether the respondent was making an illegal

water connection out of the water pipe, which is being maintained by the

panchayat along with others or whether the present complaint has been filed

due to the said reason, would more appropriately be gone into and

considered during trial. The possibility that the petitioners have been

falsely involved in this case due to the complaint made by petitioner No. 2

to the Police (Annexure P-3) at this stage, cannot be ruled out.

Accordingly, without expressing any opinion on the merits of

the case, this petition is allowed. Petitioners are directed to surrender before

the Judicial Magistrate Ist Class, Muktsar on or before 17.3.2009, the date
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fixed before it, and the said court shall release the petitioners on bail

subject to its satisfaction.

(SABINA)
JUDGE

March 10, 2009
PARAMJIT