IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. 33292 of 2008 DATE OF DECISION: February 02, 2009 Binder Singh .........PETITIONER(S) VERSUS State of Punjab ......RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. Jaideep Verma, Advocate, for the petitioner. Mr. H.S. Brar, DAG, Punjab. AJAI LAMBA, J. (ORAL) Learned counsel for the petitioner states that the offending words have been attributed to Naib Singh and not the petitioner and the petitioner has not been named in the FIR, therefore, the petitioner cannot be said to have committed any offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989-per se. Learned counsel further states that the petitioner has joined investigation. No recovery is required to be effected from the petitioner. Tehsildar has not received any injury and he was not even medico legally examined. The facts stated by learned counsel for the petitioner have not been disputed by learned counsel for the respondent-State, on instructions from Sub Inspector Jagmail Singh. In view of the above, the petition is allowed. Order dated 12.01.2009 is hereby made absolute and it is directed that in the event of Crl. Misc. No. 33292-M of 2008 -2- arrest, the petitioner shall be enlarged on bail on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer, subject to the following conditions :- i)the petitioner shall make himself available for interrogation as and when required; ii)the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and iii)the petitioner shall not leave India without the previous permission of the Court. This order shall enure till 10 days after the petitioner receives a notice of filing of final report u/s 173, Cr.P.C. within which period, the petitioner would be at liberty to apply for regular bail. 02.02.2009 (AJAI LAMBA) shivani JUDGE