Paramjit Singh @ Pamma and Hardip Singh vs State of Punjab

Gurdev Singh, J.—Heard.

The above noted petitions have been filed by Petitioners - Paramjit Singh and Hardip Singh, u/s 438 of the Code of Criminal Procedure for grant of anticipatory bail in FIR No. 5 dated 3.1.2010 registered under Sections 452, 323, 506, 427, 148 and 149 of the Indian Penal Code in Police Station Sadar, Amritsar.

According to them, they have been falsely implicated. In fact, a dispute had taken place between the children on petty matters, which could not be resolved by the respectables and ultimately the same resulted in the registration of the present FIR. Regarding the quarrel of the children, both sides had exchanged small stones.

The FIR was registered on the basis of the statement of Satnam Singh. He narrated therein that on 1.1.2010, an oral quarrel took place between his son Jagjit Singh and Lovejit Singh and others. Thereafter, the present petitioner along with other accused, while armed with base ball bats, sotas (thick wooden battons) and datars (sickles) came out side his house and started abusing him. Thereafter, the accused after breaking open the main gate with the help of those wooden battons, criminally tress passed into his house and climbed on the roof through the stair case. Thereafter, all of them started throwing the bricks after removing those from the Banera(parapet), which resulted into the injuries to him and his wife, Balwinder Kaur.

The story put forward by the complainant is highly improbable and unbelievable. If the accused wanted to cause injuries to the complainant, they would not have caused the same after climbing the roof and with the help of bricks as they were armed with above said weapons and it was more convenient for them to cause the injuries with the help thereof. It is mentioned in the FIR itself that it was got registered after two days and that talks about the compromise were going between he parties and the same failed. That inspires confidence in the version put forth by the petitioner that there was a quarrel amongst the children and both the parties exchanged brick bats and stones.

In these circumstances, I am of the considered opinion that the petitioners are entitled to the benefit of anticipatory bail. Accordingly, in case of their arrest, they shall be released on bail to the satisfaction of the arresting Officer/Investigating Officer subject to the following conditions:

(i)They shall make themselves available for interrogation by a police officer as and when required;.

(ii)They shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii)They shall not leave India without the previous permission of the Court.

This order shall remain in operation till the decision of the application for regular bail, which is to be filed by the petitioners at the time of presentation of the challan against them before the trial court.

Petitions stand disposed of accordingly.

The observations made above, shall not be treated as an expression of opinion on merits of the case.