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Jasbir Kaur Vs State of Haryana

Case No: Criminal Miscellaneous No. M-3988 of 2011 (O and M)

Date of Decision: Feb. 11, 2011

Acts Referred: Penal Code, 1860 (IPC) — Section 148, 149, 323, 325, 326

Hon'ble Judges: Alok Singh, J

Bench: Single Bench

Final Decision: Dismissed

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Judgement

Alok Singh, J.@mdashPresent petition is moved seeking anticipatory bail in case FIR No. 108, dated 10.11.2010, under Sections 148, 149, 323,

325, 326 and 506 IPC, registered at Police Station Babain, District Kurukshetra.

2. The prosecution case in nutshell is that on 10.11.2010 at about 8.30 p.m., Randhir Singh son of Dayal Singh, cousin brother of complainant

came to house of complainant on the occasion of `Bhog of Path'', which was being performed there. Randhir Singh had contested the election

against Jasbir Kaur for the post of Sarpanch of Gram Panchayat Mandokhra and he had lost the election. Jasbir Kaur came to know that Randhir

Singh had come to the house of Gurdayal Singh and she asked her husband Jaswant Singh about the arrival of Randhir Singh and they planned that

on that day Randhir Singh and Gurdial Singh should be taught a lesson for contesting the election against her. Jasbir Kaur was holding axe in her

hand, Jaswant Singh was having an iron pipe and on seeing them, Karamjit Kaur wife of Hakam Singh, Hakam Singh son of Mohinder Singh,

Amarjit Singh, Didar Singh and Bala who were having lathies and gandasis. Jaswant Singh inflicted injury on right temporal of Gurdial Singh,

Amarjit Singh gave 3-4 Saria blows on the legs; Karamjit Kaur inflicted blow with iron pipe on the face of Gurnam Kaur, due to which one teeth

came out. Mohinder Kaur Hakam Singh, Mohinder Singh, Sheo Ram and Ram Kumar started pelting stones and bricks in the courtyard and the

stones hit Harjinder Singh, Jasbir Kaur, Jaswant Singh and Karamjit Kaur. In retaliation, Didar Singh and Kali Ram also started pelting bricks and

stones from inside, which hit the motorcycle and Mohinder Kaur. Therefore, Gurdayal Singh was taken to CHC Babain by the complainant and his

uncle Jarnail Singh from where he was referred to L.N.J.P., Hospital, Kurukshetra and from where he was referred to P.G.I.

3. Learned Counsel for the Petitioner has handed over Photostat copy of the order dated 02.02.2011 passed by Judicial Magistrate First Class,

Kurukshetra, which is taken on record.

4. Perusal of the order dated 02.02.2011 passed by Judicial Magistrate First Class, reveals that accused-Petitioner have moved an application

before the Magistrate to deposit the weapon of offence before the police.

5. In the opinion of this Court, prima facie it seems that by offering to deposit the weapon used in the offence, Petitioner has confessed her guilt.

No case to enlarge the Petitioner on anticipatory bail is made out. Custodial interrogation is required.

Dismissed.