212 (11 Cases)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:- 17.03.2025 (1)

CRA-S-901-2023 Dr. Piyush Mahajan …. Appellant VERSUS State of Punjab …. Respondent (2)

CRA-S-902-2023 Dr. Swati Sharma …. Appellant VERSUS State of Punjab …. Respondent (3)

CRA-S-927-2023 Pratibha Thakur …. Appellant VERSUS State of Punjab …. Respondent (4)

CRA-S-928-2023 Priyanka Kaur Ahluwalia …. Appellant VERSUS State of Punjab …. Respondent (5)

CRA-S-929-2023 Nimisha …. Appellant VERSUS State of Punjab …. Respondent (6)

CRA-S-954-2023 Beer Davinder Singh …. Appellant VERSUS State of Punjab …. Respondent (7)

CRA-S-972-2023 Gaganmeet Kaur …. Appellant VERSUS State of Punjab …. Respondent (8)

CRA-S-1052-2023 Dr. Manjit Singh Uppal …. Appellant VERSUS State of Punjab …. Respondent (9)

CRA-S-1053-2023 Dr. Sangeeta Pahwa …. Appellant VERSUS State of Punjab …. Respondent (10)

CRA-S-1054-2023 Kawalpreet Singh @ Jimmy …. Appellant VERSUS State of Punjab …. Respondent (11)

CRA-S-1058-2023 Dr. Sahiba Arora …. Appellant VERSUS State of Punjab …. Respondent CORAM:-HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. R.S. Rai, Senior Advocate assisted by Mr. Gautam Dutt, Advocate with Ms. Prachi Gupta, Advocate and Mr. Ankur Mehta, Advocate for the appellant(s) in CRA-S-901-2023 and CRA-S-902-2023.

Mr. Amit Jhanji, Senior Advocate assisted by Mr. Hakikat Singh Grewal, Advocate for the appellant(s) in CRA-S-954-2023, CRA-S-1053-2023 and CRA-S-1058-2023.

Mr. Anmol Rattan Sidhu, Senior Advocate assisted by Mr. Kanishk Swaroop, Advocate, Mr. Pratham Sethi, Advocate and Ms. Kritika Sareen, Advocate for the appellant(s) in CRA-S-927-2023, CRA-S-928-2023, CRA-S-929-2023 and CRA-S-972-2023.

Mr. Akshay Bhan, Senior Advocate assisted by Mr. A.P.S. Sandhu, Advocate with Mr. Ashish Kaushik, Advocate and Mr. Abishai Alfred George, Advocate for the appellant in CRA-S-1052-2023.

Mr. Vikas Bali, Advocate for the appellant in CRA-S-1054-2023.

Mr. Kewal Singh, Addl. A.G. Punjab.

Mr. Sanjay Kaushal, Senior Advocate assisted by Mr. Yagyadeep, Advocate and Ms. Pawelpreet Kaur, Advocate for the complainant.

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AMARJOT BHATTI, J.(Oral)

1. All appeals as referred above arising out of common FIR are taken up together with consent of learned counsel for parties.

2. Appellants Dr. Piyush Mahajan, Dr. Swati Sharma, Pratibha Thakur, Priyanka Kaur Ahluwalia, Nimisha, Beer Davinder Singh and Gaganmeet Kaur have filed separate appeals against impugned order dated 20.03.2023 passed by learned Additional Sessions Judge, Amritsar, whereas, appellants Dr. Manjit Singh Uppal, Dr. Sangeeta Pahwa, Kawalpreet Singh @ Jimmy and Dr. Sahiba Arora have filed separate appeals against impugned order dated 06.04.2023 passed by learned Additional Sessions Judge, Amritsar, whereby anticipatory bail applications of all aforementioned appellants were dismissed in FIR No. 0055 dated 09.03.2023 under Section 306 of Indian Penal Code, 1860 (for short ‘IPC’) and Section 3 of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Act (for short ‘SC/ST Act’) registered at Police Station Maqboolpura, District Police Commissionerate, Amritsar. 3. As per the facts of case, written complaint was filed by complainant Kamlesh Rani mother of deceased victim alleging that her daughter Pomposh was doing internship of MBBS in Sri Guru Ram Dass Institute of Medical Science and Research, Sri Amritsar. She took admission in the year 2017. Her daughter was intelligent. Her associates Dr. Beer Davinder Singh, CR Gagandeep Kaur, Prabhnemat, Priyanka, CR Nimisha, Karanbir Singh, Pratibha, HOD Gynae Professor Swati, Principal Manjit Singh Uppal, Dr. Sahiba, Jimmy Steno and Dr. Piyush used to make comments naming her caste and used to say why she had come in this profession. They used to say that they will not allow her to become a Doctor. Complainant along with her father Tarsem Chand complained to Principal of college and Dean several times but they did not take any action. Principal humiliated her (compl