S.S. Saron, J. - (1.) THIS order will dispose of Criminal Misc. No. M -42015 of 2007 filed by Tarsem Singh and Criminal Misc. No. 27124 -M of 2007 filed by Harmel Singh as they both arise out of the same FIR No. 90 dated 28.5.2004 registered at Police Station Lambi, District Muktsar for the offences under Sections 326, 324, 323 and 34 IPC. The Petitioners Tarsem Singh and Harmel Singh in the respective petitions pray for grant of pre -arrest bail.
(2.) THE FIR in the case has been registered on the statement of Gurmel Singh. It is submitted by the complainant that he does agricultural work. On 27.5.2004, he and his father Sukhdev Singh were going to the Gurdwara Sahib. When they reached in front of the house of Bhag Singh Bazigar, then Kaur Singh armed with Handali, Harmel Singh (Petitioner) armed with stick and Tarsem Singh (Petitioner) also armed with stick came there. It was about 7.00 O'clock in the evening. Kaur Singh (non -Petitioner) raised a 'Lalkara' and stated that "Gurmel Singh (complainant) today you have met us and we would teach you a lesson for not giving them the water course". Then Tarsem Singh (Petitioner) gave a stick blow which struck the complainant on the middle of his two fingers. Harmel Singh (Petitioner) also gave a stick blow on the back of his right leg. Then Kaur Singh (non -Petitioner) gave a Dasti Gadali blow straight on the right arm of the complainant. The complainant raised alarm and his father Sukhdev Singh tried to rescue him and raised an alarm. Then the accused saw the villagers coming to the spot and they ran away with their respective weapons. During investigation of the case the Petitioners were found to be innocent and they were kept in column No. 2 of the final report (challan) filed by the Police in terms of Section 173(2) Code of Criminal Procedure Now both the Petitioners have been summoned. Both the Petitioners by an order passed on 28.7.2006 (Annexure -P.1) by the learned Sub Divisional Judicial Magistrate, Malout have been summoned as additional accused in terms of Section 319 Code of Criminal Procedure The non -bailable warrants in respect of Petitioner Tarsem Singh have been issued for 26.9.2007. The non -bailable warrants of Petitioner Harmel Singh had been issued for 29.5.2007. It is submitted that the present case is a counter -blast to the case already pending between the Petitioners and the complainant with regard to the water course. The complainant party has got lodged the present FIR only to pressurize the respective Petitioners in the two petitions and their family members. Harmel Singh in terms of order dated 2.5.2007 was granted interim bail by this Court. It was observed that he (Harmel Singh) shall appear in the Court of learned Sub Divisional Judicial Magistrate, Malout on or before the date fixed and he shall be admitted to bail on his furnishing personal bond and surety to the satisfaction of the said Court. Harmel Singh (Petitioner) thereafter filed Criminal Misc. No. 78025 of 2007 stating that he approached his counsel in the trial Court for appearance in the Court. However, he advised him to come on the date fixed in the matter i.e. 29.5.2007. On the said date, Harmel Singh (Petitioner) approached the trial Court for furnishing his bail bond but the learned Sub Divisional Judicial Magistrate was on leave and the case was adjourned to 24.7.2007. The copy of the order dated 29.5.2007 (Annexure - P.3) passed by the Duty Magistrate has been placed on record. On 24.7.2007, the Petitioner appeared before the trial Court but the trial Court refused to accept the personal bond and surety as in view of the order of this Court he was to appear before the learned Sub Divisional Judicial Magistrate, Malout on or before the date fixed. Therefore, the case was adjourned to 26.9.2007. A copy of the order dated 24.7.2007 (Annexure - P.4) is also placed on record. Thereafter, the Petitioner was directed to appear before the trial Court vide order dated 9.8.2007 of this Court within two days from the receipt of certified copy of the order. However, in the event of his arrest, he was to be admitted on bail on his furnishing personal bond and surety to the satisfaction of the trial Court. A report was also sought from the Presiding Officer of the Court at Malout as learned Counsel for the Petitioners had submitted that there was only one Presiding Officer, namely, Shri K.K. Goyal at Malout. The certified copy of the order dated 29.5.2007 (Annexure -P.3) shows that it bears the seal of the Court of Shri K.K. Goyal, PCS, Additional Civil Judge (Senior Division), Malout and is signed by SDM(J). Therefore, report was sought as to how the only Presiding Officer at Malout, who was on leave had issued non -bailable warrants of the accused Harmel Singh and Tarsem Singh for 24.7.2007. The said report is still awaited.
(3.) IN any case, it is stated by the learned Counsel for the State that the custody of the Petitioners is not required for the purpose of investigation. It may also be noticed that the Petitioners have been summoned as additional accused in terms of Section 319 Code of Criminal Procedure and during investigation they were found to be innocent. Both the Petitioners have been attributed a stick blow only. Their involvement in the case is to be considered and gone into after trial. It is stated that the respective Petitioners have furnished their bail bonds.;