Smt. Kashmir Kaur vs State of Punjab

S.S. Saron. J.—Heard counsel for the parties.

The Petitioner seeks pre-arrest bail in a case registered against her for the offences under Sections 148, 452, 307, 324, 323 and 149 IPC and

Sections 3 and 4 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (""Act""-for short).

The FIR (Annexure P-1) has been registered on the statement of Smt. Gian Kaur who has alleged that her husband Ram Asra is the Sarpanch

of the village. Ranjit Singh, husband of the Petitioner had encroached on the Panchayat land and the case in this regard was decided in favour of

the Panchayat. Ram Asra asked Ranjit Singh to vacate the Panchayat land. This was not taken well by Ranjit Singh. On 20.8.2010 at about 9.00

p.m., the complainant Gian Kaur and her husband Ram Asra were sitting in the courtyard. At that time, Ranjit Singh armed with gandasi, Gurpreet

Singh @ Gopi son of Ranjit Singh armed with Kirpan, Kashmir Kaur (Petitioner) wife of Ranjit Singh carrying a stick; besides, Seepa @ Sandeep

Kaur and Nikki @ Mandeep Kaur daughters of Ranjit Singh carrying brick bats and two other youngmen whose name were not known but could

be identified armed with datars came to the house of the complainant. Ranjit Singh raised a Lalkara to catch hold of the Sarpanch and he be taught

a lesson for asking him to vacate the Panchayat land. Gurpreet Singh @ Gopi son of Ranjit Singh with an intention to kill Ram Asra gave a kirpan

blow which hit him on the right side of his head. Ranjit Singh gave two gandasi blows hitting Ram Asra on his left arm. Kashmir Kaur (Petitioner)

gave a dang blow which hit Ram Asra on the left side of his chin. The unknown youngmen gave datar blows hitting Ram Asra on his left thigh and

right eye. The husband of the complainant fell down and the complainant stepped forward to rescue him. Then Seepa @ Sandeep Kaur and Nikki

@ Mandeep Kaur hit the complainant with brick bats on her left arm. Then the complainant and her husband raised an alarm of ''mar ditta mar

ditta'' upon which Sohan Singh son of Kabal Singh who was standing in the street and had witnessed the occurrence came. The cause of the

incident was that the husband of the complainant who is the Sarpanch of the village had asked Ranjit Singh to vacate the Panchayat land. On this

account, injuries were caused to Ram Asra and the complainant. After arranging conveyance Paramjit Singh, Panch got Ram Asra, husband of the

complainant admitted in Civil Hospital, Mahilpur. In respect of the incident FIR was registered on 21.8.2010. Thereafter, Gian Kaur made a

supplementary statement on 2.9.2010 in which she stated that when the assailants had entered their house, they uttered the offending words

regarding caste of the complainant. This fact it is stated she had failed to mention while making her earlier statement.

Ranjit Singh and his son Gurpreet Singh @ Gopi are in custody. Ram Asra-injured has since been discharged from the hospital. Kashmir Kaur

(Petitioner) is said to be holding a stick and is said to have caused injury by hitting stick on the left side of the chin of injured-Ram Asra. The

offending words regarding caste have been uttered in the house of the complainant Gian Kaur. It is not a case where the offending words are

uttered in public view in terms of the provisions of Section 3(1)(x) of the Act. Besides, this fact has been mentioned in the supplementary statement

of the complainant recorded on 2.9.2010 whereas the FIR was registered on 21.8.2010. Moreover, the offending words are not specifically

attributed to the Petitioner. In the facts and circumstances, it would be just and expedient if the Petitioner Kahmir Kaur is admitted to pre-arrest

bail.

Accordingly, the Crl. Misc. petition is allowed and the Petitioner, in the event of her arrest, shall be admitted to bail on her furnishing personal

bond and surety to the satisfaction of the Arresting/Investigating Officer. The Petitioner shall, however, join the investigation as and when called

and shall abide by the conditions of Section 438(2) Code of Criminal Procedure. Nothing observed herein shall be construed as an expression of

opinion on the merits of the case and the same is for the purposes of this order only.