Major Singh and Others vs State of Punjab

Sabina, J.—This petition has been filed u/s 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 50 dated 31.10.2010 under Sections 382/323/149 of the Indian Penal Code and Sections 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station Samalsar, District Moga.

The contents of the FIR, as reproduced in Para 1 of the petition, read as under:

"That I am Sarpanch of the village and on 30.10.2010 I along with Kuljeet Singh and Gamdoor Singh Panches were distributing pensions in the Gurudwara for the months of July and August, 2010. We had Rs. 96,000/-of total 187 pensions with us. Out of which we had distributed about Rs. 66,000/-as pensions. At about 1.30/2.00 pm, Major Singh son of Malkiat Singh, Mukhtiar Singh son of Kaka Singh, Gursewak Singh son of Gurmand Singh, Angrej Singh son of Jarnail Singh, Lachman Singh son of Chanan Singh, Jit Singh son of Gurdit Singh, Ajaib Singh son of Mukhtiar Singh, Gagandeep Singh son of Gurcharan Singh residents of village Cheeda, Tehsil Baghapurana, District Moga came and while coming Major Singh and Gagandeep Singh asked us to show the record of pensions. We refused to show the record and told them if they want to see the records they can do so in the office of BDPO, Baghapurana. They got angry and started talking in loud voice. Keeping in view the situation we stopped disbursing the pensions and started for our house by taking the records and Rs. 30,000/-. When we reached near the house of Gurjeet Singh son of Ghamand Singh in the street then Angrej Singh came running and stopped us and said, "Sarpanch where are you running now." all his companions came after him and started grappling with us. Mukhtiar Singh took out his shoe and struck on my forehead due to which my turban fell down. Major Singh pushed me to the wall due to which I received an injury on right arm. All the accused had stated they will not allow the Chuhra to act as a Sarpanch. Angrej Singh, Major Singh and Gagandeep Singh snatched the record regarding pensions. I and the panches raised the raulla and the accused ran away along with the record. The accused are not tolerating me as a Sarpanch and has thus caused me the injuries.

After hearing learned Counsel for the Petitioners, I am of the opinion that, no ground for grant of anticipatory bail to the Petitioners is made out.

The allegations levelled against the Petitioners are serious in nature. The Petitioner had stopped the complainant from disbursing pension and had, thereafter, also caused injuries on the person of the complainant. The Petitioners might be required for custodial interrogation.

Accordingly, this petition is dismissed.