Iqbal Singh Rai and Another vs State of Punjab

Ram Chand Gupta, J.—The present petition filed u/s 438 Cr.P.C. is for grant of anticipatory bail to the petitioners in case FIR No. 94, dated 8.9.2013, under Sections 379, 336, 436, 447, 354, 323, 427, 148, 149 IPC, and Sections 295(a) and 411 IPC added later on, registered at Police Station Amloh, District Fatehgarh Sahib. I have heard learned counsel for the petitioners and have gone through the whole record carefully, including the impugned order passed by learned Additional Sessions Judge, Fatehgarh Sahib, vide which application filed on behalf of the present petitioners for anticipatory bail was dismissed.

Brief allegations are that complainant alongwith his family was residing in the area of Kanchian Bugga Chowk, Amloh, as he was engaged by Muslim community for the last about eight years to look after the graveyard of Muslims. He had constructed jhuggis for his residence and residence of his other family members. On 8.9.2013 at about 2.15 p.m., present petitioners-accused alongwith many other persons while armed with dangs, sottas, rifles etc. reached there in vehicles, i.e., one vehicle bearing No. PB-23-H-7766, another Gypsy and three tractor trolleys and 20-25 cars, raised lalkara, attacked father, mother, wife, sister and child aged about 11 years of the complainant and started giving them beatings and also torn their clothes. Fire arm was also used. Their jhuggis were set on fire. They had also taken away valuable articles comprising cash of Rs. 4 1/2 lacs, ten tolas of gold, one motorcycle bearing No. PB-23-N-4736, ten buffaloes and other articles by loading the same in tractor trolleys. They had also burnt four holy books of Kuranshariff and also even burnt books of children. Seven persons of the family of the complainant sustained injuries who were got admitted in the hospital. Petitioners and co-accused had also taken away boards fixed in the graveyard. Four live cartridges were also recovered from the place of occurrence.

It has been vehemently contended by learned counsel for the petitioners-accused that no such occurrence had taken place and that there was no such graveyard. It has also been contended that the present FIR has been lodged due to political reason as one of the petitioners is an active leader belonging to opposition party. It is also contended that petitioners were present somewhere else and hence they could not be present at the time of alleged occurrence. It is also contended that though there are allegations that petitioners and many other persons had attacked the complainant and family members alongwith deadly weapons including firearms and, however, no fire arm injury has been received by any family members of the complainant as is clear from MLR Annexure P4.

Be that as it may, there are very serious allegations against petitioners-accused. They alongwith co-accused had attacked family of complainant, who belonged to Muslim community and residing in a graveyard of Muslims to safeguard the same by raising jhuggis. They were attacked, valuables were looted and their jhuggis were also demolished. Injuries were also caused. Though no fire arm injury was received by any of them and, however, four live cartridges were also recovered from the place of occurrence. Case is at the initial stage of investigation. Hence, in view of these facts, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioner-accused. Without expressing any opinion on the merits of the case, the present petition filed by petitioners-Iqbal Singh Rai and Kamaljit Singh Bajwa alias Kamaldeep Singh Bajwa for grant of anticipatory bail is, hereby, dismissed being devoid of any merit.