Judgment:
Crl.M.No.M-20791 of 2014 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl.M.No.M-20791 of 2014 (O&M) Date of Decision: June 18, 2014 Jaswinder Singh @ Chhinda .....Petitioner v.
State of Punjab ......Respondent CORAM: HON'BLE MR.JUSTICE NARESH KUMAR SANGHI Present: Mr.G.S.Hayer, Advocate for the petitioner....NARESH KUMAR SANGHI, J.
Prayer in this petition is for grant of anticipatory bail to the petitioner, Jaswinder Singh @ Chhinda, son of Joginder Singh (wrongly mentioned as Gurmeet Singh in this FIR).resident of Gali No.2, Bye Pass, Jalalabad Road, Sr.Muktsar Sahib, who has been booked for having committed the offences punishable under Sections 294, 323, 354, 509 read with Section 34, IPC, and Sections 3 and 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for brevity the 'Act') in a case arising out of FIR No.48, dated 20.05.2014, registered at Police Station, Sadar, Muktsar, District Sr.Muktsar Sahib.
Learned counsel contends that ingredients of Sections 3 and 4 of the Act are not attracted; there was delay of more than 24 hours in reporting the matter to the police, which was Meenu 2014.06.18 15:12 I attest to the accuracy and integrity of this document chandigarh Crl.M.No.M-20791 of 2014 (O&M) -2- utilized to concoct a false story for implicating the petitioner and his brother; the co-accused of the petitioner has already been granted bail and, as such, the petitioner is entitled to anticipatory bail.
I have heard the learned counsel for the petitioner and with his able assistance gone through the material available on record.
After perusing the FIR, it transpires that the petitioner and his brother Malkeet Singh @ Mengha uttered derogatory remarks against the caste of the complainant; quarrelled with the complainant and snatched her sickle; the petitioner and his brother became naked in the presence of the complainant and attempted to drag the complainant to the fields belonging to the petitioner and his brother.
Even an injury by means of sickle was inflicted on the head of Karamjeet Kaur.
During the scuffle Kulwinder Kaur, who was accompanying the complainant, lost her gold ear-rings.
Keeping in view the totality of the facts and circumstances of the case, no case for grant of anticipatory bail is made out.
Dismissed.
June 18, 2014 (NARESH KUMAR SANGHI) meenu JUDGE Meenu 2014.06.18 15:12 I attest to the accuracy and integrity of this document chandigarh