Tarsem Lal vs Rajesh Kumar And Another on 6 March, 2009

      In the High Court of Punjab and Haryana at Chandigarh

                        Criminal Misc. No.M 1415 of 2009
                        Date of decision: 6.3.2009
Tarsem Lal
                                                      ......Petitioner
                        Versus


Rajesh Kumar and another
                                                   .......Respondent

CORAM: HON'BLE MRS. JUSTICE SABINA

Present:     Mr.Ritesh Pandey , Advocate,
             for the petitioner.

             Ms.Sumanjit Kaur, Advocate,
             for respondent No.1.

             Mr.Amandeep Singh Rai, AAG, Punjab.
                  ****

SABINA, J.

This petition has been filed by Tarsem Lal under Section

438 of the Code of Criminal Procedure (“Cr.P.C. for short) for grant of

anticipatory bail in a complaint case titled as Rajesh Kumar vs.

Tarsem Lal under Sections 3 and 4 of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989 and 500, 506

(II) of the Indian Penal Code (IPC for short) No.96 dated 19.9.2000

pending in the Court of Judicial Magistrate, Ist Class, Pathankot,

District Gurdaspur.

Learned counsel for the petitioner has submitted that

Leela Wanti had filed a suit for declaration and permanent injunction

against the petitioner and the said suit was dismissed vide judgment

dated 15.9.2006 (Annexure P-3). The petitioner had been falsely

involved in this case at the instance of Leela Wanti, who could not
Criminal Misc. No.M 1415 of 2009 -2-

get a stay order in the civil suit.

Learned counsel for respondent No.1 has submitted that

the complainant was not related to Leela Wanti and had gone along

with her being Lambardar of the village, and hence he had been

insulted by the petitioner.

It is evident that Leela Wanti had filed a civil suit on

22.7.2000 against the petitioner for declaration of permanent

injunction and the same was dismissed on 15.9.2006 (Annexure P-

3). On 28.8.2000, the complainant had gone with Leela Wanti in an

enquiry before Deputy Superintendent of Police, Gurdaspur. The

occurrence is alleged to have taken place on 30.8.2000 in the fields

of the complainant.

In the facts of the present case, the possibility that the

petitioner might have been involved in this case with a mala fide

intention cannot be ruled out.

Accordingly, without expressing any opinion on the merits

of the case, this petition is allowed.

The petitioner is directed to surrender before the trial

Court within two weeks from today. The trial Court shall release the

petitioner on bail subject to its satisfaction.

(SABINA)
JUDGE
March 06, 2009
anita