Jasbir Kaur vs State Of Punjab

Anil Kshetarpal, J

On 17.9.2020, the following order was passed by this Court:-

"The petitioner prays for grant of pre-arrest bail in a criminal case arising from FIR No. 145 dated 28.08.2020, registered under Section 324, 325, 326, 450, 148 & 149 IPC at Police Station Sadar Gurdaspur, District Gurdaspur.

In a nutshell, the case of the prosecution has been noticed by the learned Additional Sessions Judge, Gurdaspur, in para 3 of his order dated 09.09.2020, which is extracted as under:-

"Brief facts are that FIR has been registered on the Statement of Gurpreet Singh son of Tarsem Singh resident of Village Chor Sidhwan, who stated that in their village in the land of Dalip Singh son of Bhagat Singh one electricity transformer is installed and they alongwith Dalwinder Singh son of Dalip Singh, Ajit Singh son of Sohan Singh, Mehnga Singh son of Bhagat Singh, residents of Village Chor Sidhwan, Ajaib Singh son of Mohan Singh and Lakhbir Singh resident of Village Chor Sidhwan used to take supply of electricity from that transformer for their motors Balkar Singh son of Lal Singh was used to take illegal electricity supply for his motor from above said electricity transformer through temporary wire. His father alongwith other persons who take supply from that electricity transformer many times stopped Balkar Singh from taking illegal electricity supply from the transformer but Balkar Singh did not mend on his way and continued taking illegal supply continuously from electricity transformer forcibly. He also proclaimed that nobody can stop him from taking illegal electricity supply from electricity transformer as he has direct talk with electricity department. On 20.8.2020 around 2.30 PM Gurpreet Singh alongwith his family members was present in his house and his father went to hear call of nature in bathroom built inside their house near the main gate. He heard the voice of his father "Maar Ditta", "Maar Ditta" and he went towards his father from the courtyard of his house and found that Balkar Singh son of Labh Singh armed with kirpan, Parminder Singh son of Balkar Singh armed with datar, Jasbir Kaur wife of Balkar Singh empty handed, Varinder Kaur daughter of Balkar armed with baseball, all residents of Village Chor Sidhwan, Gurwinder Singh armed with datar, Davinder Singh armed with kirpan residents of Khokhar Faujian and sons of brother-in-law Balkar Singh alongwith 10/15 young boys were quarreling with his father and were also abusing his father. On seeing him, Balkar Singh raised a lalkara and exhorted the other assailants to catch hold him and teach a lesson to him for stopping them for taking electricity supply by illegal way from the electricity. Parminder Singh gave a datar blow on Gurpreet Singh and Gurpreet Singh raised his left hand up to save himself so datar hit on the palm of his right hand. Due to that, his hand got a big cut. Then Gurwinder Singh gave a datar blow on Gurpreet Singh which hit on inside of his left arm. He got nervous and fell down on the ground. Thereafter, Varinder Kaur gave a baseball blow on him which hit on his head. He alongwith his father raised raula "Maar Ditta", "Maar Ditta" and unknown young boys gave fist blows to him. In the meantime, his wife Ravinder Kaur and cousin Mandip Kaur daughter of Sulakhan Singh run to save him and laid on him for saving him. On this all the accused with their respective weapon ran away from the spot. Thereafter, he alongwith his father rushed to Amandeep Hospital, Amritsar and they were medicolegally examined there. Eventually, he got recorded his statement to the Police and consequently upon which present FIR was registered against the accused persons".

Learned counsel for the petitioner contends that even as per the allegations in the FIR, the petitioner was empty handed and is not alleged to have played any active role in the scuffle. He further submits that the petitioner has been falsely implicated in the present case.

Notice of motion.

On the request of the Court, Mr. Pawan Sharda, Senior Deputy Advocate General, Punjab accepts notice on behalf of the respondent and prays for time to seek instructions.

Keeping in view the aforesaid facts, it is considered appropriate that let the petitioner join investigation.

In the event of arrest of the petitioner, she shall be released on interim pre-arrest bail subject to her furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C.

List on 13.10.2020."

Learned State counsel on instructions from SI Lakhbir Singh has submitted that the petitioner has joined investigation, cooperated and is not required for further custodial interrogation.

In view of the above, the order dated 17.9.2020 is hereby made absolute.

The petition stands allowed.