Allowed

Dhanwant Singh v. State of Punjab and Anr.

Punjab & Haryana HC8 Oct 2024CRA-S/3341/2024

Case brief

AI extract

What is this about?

The appellant sought anticipatory bail for offences under the SC & ST Act alleging casteist remarks. The Sessions Court had rejected the bail application. The High Court, noting the concession by the State that no material existed against the appellant and prima facie false implication, set aside the impugned order and granted bail subject to cooperation with the investigation.

What did the court decide?

Appellant granted anticipatory bail subject to furnishing bail bonds/surety and cooperation with investigation.

Dhanwant Singh Vs State of Punjab and Anr. — Caste Atrocities | Punjab & Haryana HC (2024)

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S. No.101

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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********

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CRA-S-3341 of 2024 (O&M) Date of Decision:08.10.2024 Dhanwant Singh .....Appellant Vs. State of Punjab and another .....Respondents

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CORAM:HON'BLE MR. JUSTICE DEEPAK GUPTA

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Present:Mr. A.D.S. Ja�ana, Advocate for the appellant. ****

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DEEPAK GUPTA, J. (Oral)

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By way of this appeal filed under Sec"on 14A(2) of the Scheduled Castes and Scheduled Tribes (Preven"on of Atroci"es) Act, 1989 (for short, `the SC & ST Act’), appellant prays for grant of an"cipatory bail, by se1ng aside the order dated 23.09.2024 of learned Addi"onal Sessions Judge, SAS Nagar whereby similar relief was declined to him in case FIR No.0311 dated 07.09.2024 registered under Sec"ons 3(1)(r) and 3(1)(s) of the SC & ST Act.

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As per the allega"ons in the FIR, complainant- Vikram Kumar belongs to Balmiki Caste. He is working as a Sweeper in Nagar Council, Kharar and also as a Driver on temporary basis on encroachment remover vehicle. He had purchased a car in December, 2023. On 03.09.2024, his colleages, namely, Angrej Singh, Kuljit Singh and Amit Kumar besides Rajpreet Singh, were asking for a party for purchasing the car, when in the mean"me, the appellant – Dhanwant Singh @ Shinda, the husband of Mehar Kaur, Municipal Councilor of Ward No.15, passed by and asked as to for what purpose, the party was being demanded from the complainant. As it was told that complainant had purchased a new vehicle, it is alleged that appellant taunted that Nagar Council Kharar has become so rich that even the “ Chuhre-Chamar” working as Cleaner had started buying new vehicles. FIR was lodged by Vikram Kumar on 07.09.2024, alleging that the appellant had used casteist remarks against him with an ill inten"on.

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RENU 2024.10.08 14:24 I attest to the accuracy and integrity of this document Chandigarh

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CRA-S-3341 of 2024 -2-

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An applica"on for an"cipatory bail was moved by the appellant before the Court of Sessions but the same has been rejected vide order dated 23.09.2024.

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It is contended by learned counsel for the appellant that the appellant has been falsely implicated on account of the poli"cal rivalry and also because of the complaints made against the witness to the case. Learned counsel has drawn a�en"on towards the list of the representa"ves of the Municipal Employees Welfare Associa"on, Annexure A.2 as per which, complainant – Vikram Kumar is Deputy Secretary, whereas the witnesses Angrej Singh, Vikram Singh and Kuljit Singh are the Chairman, Vice President and General Secretary of the said Associa"on. Learned counsel contends that appellant is the husband of Municipal Councilor. That on 30.07.2024, a complaint was made by one Dharamveer Sharma (Copy Annexure P.4) to the Director, Local Government Department, Punjab regarding opening of a Meat Shop near Gurdwara Sahib. The said complaint was forwarded by Mehar Kaur, the wife of the appellant. ThereaIer, the appellant – Dhanwant Singh had made a complaint on 05.09.2024 to the Deputy Commissioner, SAS Nagar, Mohali, against Ranjit Singh, who had opened Meat Shop near the Gurdwara Sahib. Learned counsel contends that it is on account of these rivalries that by making his colleagues as witnesses, the FIR has been lodged on 07.09.2024, i.e. aIer the complaint made by the present appellant for taking ac"on on the earlier complaint made by Dharamveer Sharma. Learned counsel has further contended that a CCTV footage was collected from near the alleged spot of occurrence, which reveals that a Dharna was laid by the complainant and others and it is under their pressure that Police had lodged the FIR. Learned counsel contends that the appellant is not even aware about the caste of the complainant and so, there could be no ques"on of commi1ng the alleged offences and that, all these circumstances primafacie indicate that he has been falsely implicated.

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No"ce of mo"on to respondent – State.

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Mr. Akshay Kumar, AAG, Punjab, accepts no"ce on behalf of the

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respondent- State.

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RENU 2024.10.08 14:24 I attest to the accuracy and integrity of this document Chandigarh

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CRA-S-3341 of 2024 -3-

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On instruc"ons from ASI Bir Chand, learned State Counsel concedes the fact that FIR has been lodged only aIer the Dharna was laid by the complainant along with others. It is also conceded that except for the allega"ons made in the FIR, no other material could be found against the appellant.

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8. Submissions have been considered.

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Keeping in view the conten"ons made by learned counsel for the appellant, which prima-facie shows that there may be possibility of false implica"on of the appellant, the present appeal is accepted. The impugned order dated 23.09.2024 passed by learned Addi"onal Sessions Judge, SAS Nagar is hereby set aside. The appellant is granted concession of an"cipatory bail. Therefore, it is directed that in case of his arrest, the appellant shall be released on bail by the Inves"ga"ng Officer subject to his furnishing bail bonds/ surety bonds to the sa"sfac"on of Inves"ga"ng Officer. However, it is further directed that the appellant shall join the inves"ga"on as and when so required by the Inves"ga"ng Officer. He shall further comply with the condi"ons s"pulated in Sec"on 438(2) Cr.P.C.

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However, in case appellant fails to co-operate in the inves"ga"on, the respondent- State will be at liberty to approach this Court for cancella"on of bail.

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October 08, 2024 ( DEEPAK GUPTA ) renu JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No

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RENU 2024.10.08 14:24 I attest to the accuracy and integrity of this document Chandigarh

Dhanwant Singh v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Dhanwant Singh v. State of Punjab and Anr.

Case brief

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What did the court decide?

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