IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc M-32692 of 2008
Date of decision: 16.3.2009
Tarsem Singh ...Petitioner
Versus
State of Punjab ...Respondent
Present: Mr Ranjit Sharma, Advocate for the petitioner.
Mr PS Sidhu, Addl AG Punjab.
Mr Sarabjit Singh, Advocate for the complainant.
S.S.SARON, J.
This order will dispose of Criminal Misc M-32692 and M-
33197 of 2008 filed by Tarsem Singh son of Karnail Singh and Santokh
Singh son of Karnail Singh, respectively, as both the petitions arise of the
same FIR. The petitioners in their respective petitions pray for the grant of
pre-arrest bail in a case under Sections 302/323/148/149 IPC.
The FIR in the case has been registered on the statement of
Sarup Singh. It has been alleged that there is a 35-40 years old ‘Khal’
which is used to irrigate the fields of the complainant. The said ‘Khal’ was
demolished by Angrez Singh and Jagdev Singh 4-5 days earlier to the
registration of the case. The ‘Khal’ was restored with the intervention of the
Panchayat on 2.6.2007. However, on 3.6.2007 at 4.30 p.m., Angrez Singh,
Jagdev Singh sons of Kulwant Singh and Santokh Singh and Tarsem Singh
– petitioners herein sons of Karnail Singh, duly armed, were dismantling
the said ‘Khal’. Pallo, wife of Kulwant Singh was standing nearby. The
Cr Misc M-32692 of 2008 2
father of the complainant namely Mohinder Singh and mother of the
complainant asked them not to demolish the ‘Khal’. The complainant at
that time was standing outside his ‘Behak’ and had witnessed all. Pallo
raised a Lalkara to teach a lesson to the complainant from stopping them
from dismantling the ‘Khal’. Then, Angrez Singh gave a Saria blow which
he was holding, on the forehead above the right eye of Mohinder Singh
(deceased) – father of the complainant – Sarup Singh. Then Mohinder Singh
fell on the ground. The said Saria was then taken by Jagdev Singh (non-
petitioner) and he hit on the right temple of the father of the complainant.
Then Santokh Singh (petitioner in Cr Misc M-33197 of 2008) gave a rod
blow on the right arm of Mohinder Singh. The mother of the complainant
raised hue and cry. Then Fauji (Tarsem Singh – petitioner in Cr Misc M-
32692 of 2008) gave a blow to the mother of the complainant. The
complainant also reached the spot. The accused beat him also. The
complainant then raised alarm ‘Maar Ditta Maar Ditta’. Then the assailants
ran away from the spot with their respective weapons.
The petitioners were found innocent during the investigation
and were kept in column-2 of the charge report (Challan) that was filed.
They have been summoned as additional accused vide order dated
5.12.2008 (P1). In the FIR which has been registered, the role attributed to
Santokh Singh – petitioner is that he gave a rod blow on the right arm of
Mohinder Singh (deceased). Besides, Tarsem Singh – petitioner is
attributed a blow on the mother of the complainant.
Keeping in view the fact that they were found innocent during
investigation and have been summoned as additional accused, their custody
is not required for the purposes of investigation. In the circumstances, the
interim bail granted to Tarsem Singh – petitioner on 15.12.2008 and interim
Cr Misc M-32692 of 2008 3
bail granted to Santokh Singh – petitioner on 22.12.2008 are made absolute.
The petitioners, in the event of their arrest shall be admitted to bail on their
furnish their personal bond and surety each to the satisfaction of the learned
trial Court. They shall abide by the conditions of Section 438(2) CrPC.
Both the petitions stand disposed of.
16.3.2009 ( S.S.SARON ) ASR Judge