S.S. Saron, J. - (1.) THIS order will dispose of Criminal Misc M -28118 filed by Kuldeep Singh, Pargat Singh sons of Swinder Singh and Yuvraj Singh son of Pargat Singh as also Criminal Misc M34349 of 2010 filed by Manjeet Singh son of Bhagat Singh. The Petitioners in the respective petitions pray for the grant of pre -arrest bail in a complaint case titled Arjan Singh v. Kuldeep Singh pending in the Court of learned JMIC, Batala for the offences under Sections 452, 341, 323, 324, 506 and 34 IPC; besides, Section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
(2.) COMPLAINANT - Arjan Singh (Respondent -1) filed the complaint (P1) on 14.6.2008. It has inter alia been alleged that on 22.5.2008 at about 10 in the morning, the accused forcibly trespassed into his house with the common intention to cause injuries. They forcibly dragged the complainant out of his house. The complainant raised 'Raula' and people from the nearby houses came out from their houses. They, however, did not intervene to save the complainant as the accused were armed and were looking furious. It is alleged that Kuldeep Singh - Petitioner -1 raised a Lalkara and uttered the offending words. He was armed with a Danda, Yuvraj Singh - Petitioner -3 was armed with a Datar and all the accused beat the complainant. The accused -Petitioner -Kuldeep Singh gave a Danda blow on the back of the right forearm elbow while Pargat Singh - Petitioner -2 gave a Danda blow on the back of the complainant. The complainant fell on the ground and Manjeet Singh - Petitioner dragged the complainant in the street. Kuldeep Singh - Petitioner uttered the humiliating words intentionally to insult the complainant knowing fully well that the complainant was a member of the Scheduled Castes. It is also alleged that the accused thereafter took the complainant to some unknown place and kept him for the whole day. In the evening at about 7 p.m., he was handed over to the Police of PS Civil Lines, in connection with the false Police case registered against the complainant and his entire family members. The learned JMIC Batala, vide order dated 17.8.2010 (P2) has summoned the Petitioners to face trial. The application for pre -arrest bail filed by the Petitioners - Kuldeep Singh, Pargat Singh and Yuvraj Singh has been dismissed by the learned Special Judge, Gurdaspur on 16.9.2010 and that of Manjeet Singh has been dismissed on 28.10.2010. According to the Petitioners, the complaint (P1) in fact is a counter -blast to case FIR 92 dated 16.5.2008 lodged by the Petitioners at PS Civil Lines, Batala for the offences under Sections 452, 427, 506 and 34 IPC. In the said FIR, Arjan Singh was arrested on 22.5.2008 vide DDR 35. A case of partition was pending between the Petitioners and the complainant - Arjan Singh, which was decided upto the Financial Commissioner. The complainant - Arjan Singh filed CWP 1250 of 2006 in this Court against the order of the Financial Commissioner (Revenue) which has been decided on the basis of a compromise. In respect of the incident that occurred at 10 a.m. in the morning on 22.5.2008, the MLR (P5) of Arjan Singh - complainant shows that he was examined in the hospital at 11.00 p.m. The probable duration of the injuries is mentioned as 6 hours. Besides, all the injuries have been described as simple in nature and caused with blunt weapons. Therefore, the injuries, according to the MLR must have been caused by about 5 p.m. whereas according to the complaint (P1), the incident occurred at 10 in the morning. The complainant in fact had been arrested by the Police on 22.5.2010. In this respect, DDR 35 stands recorded in the Police Station. The learned Counsel for the complainant has though alleged in the complaint that people from the nearby houses came out; however, no witness has been cited from amongst those who had been come out from the nearby houses. It is now shown that the offending words relating to caste of the complainant had been uttered at a place which is within the public view so as to attract the provisions of Section 3(x) of the aforesaid Act.
(3.) IN the circumstances, the interim bail granted to the Petitioners - Kuldeep Singh, Pargat Singh and Yuvraj Singh on 23.10.2010 and that granted to Manjeet Singh on 23.11.2010 are made absolute.;