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2012 DIGILAW 328 (PNJ)

Buta Singh v. State of Punjab

2012-02-23

VIJENDER SINGH MALIK

body2012
JUDGMENT Mr. Vijender Singh Malik, J.: - Buta Singh has prayed for pre-arrest bail in case registered by way of FIR No. 96 dated 28.10.2011 at Police Station Sangat, District Bathinda for an offence punishable under sections 452, 324, 323, 506 read with section 34 of Indian Penal Code. 2. Balraj Singh, complainant has lodged the report claiming that his father Sardul Singh had a quarrel with Balbir Singh and Gursharan Singh, his brothers. According to him, Buta Singh son of said Gursharan Singh was nursing a grudge against the complainant on account of the same and had abused him many times. On 27.7.2011, at about 5.30 PM, when Balraj Singh was sitting at his house, Buta Singh along with two unknown persons entered in his house and raised a lalkara of teaching him a lesson. One unidentified person threw the complainant on the ground and Buta Singh gave a gandasa blow on his right thigh and another gandasa blow on his left thigh. The other unknown person gave him fist and kick blows. The complainant raised alarm, which attracted his wife Balbir Kaur and son Baljit Singh, who rescued him. The assailants left the place threatening him. 3. Learned counsel for the petitioner has submitted that the petitioner, Buta Singh and the complainant, Balraj Singh are cousin brothers. According to him, the injuries suffered by Balraj Singh are simple in nature. He has further submitted that there is a land dispute between the parties, which is one year old. He has further submitted that the petitioner has already joined the investigation. According to him, the only offence which is non-bailable in this case is punishable under section 452 IPC. 4. Learned State counsel has submitted, on the other hand, that it is a serious matter and the anticipatory bail should not be allowed to the petitioner. 5. The facts that the complainant and the petitioner are cousin brothers and that they have land dispute, which is one year old, are there at their place. Joining of investigation or the injuries suffered by the complainant being simple are not the only considerations for grant of anticipatory bail in a case. The occurrence has to be seen in its true light. Joining of investigation or the injuries suffered by the complainant being simple are not the only considerations for grant of anticipatory bail in a case. The occurrence has to be seen in its true light. A person, who is cousin brother of the complainant, armed with a gandasa having services of two unidentified persons, enters the house of the complainant and gives two blows with the gandasa on both thighs of the complainant. Such a person is not entitled to the concession of anticipatory bail. The petition is, therefore, dismissed.