Crl.M.No.M-27384 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-27384 of 2010 (O&M) Date of Decision:September 17, 2010 Sukhbir Singh and others .....Petitioners v. State of Punjab and another .....Respondents CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.S.S.Gill, Advocate for the petitioners. ..... RAM CHAND GUPTA, J.(Oral) Crl.M.No.48875 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.M-27384 of 2010 The present petition filed under Section 438 Cr.P.C. read with Section 482 Cr.P.C. is for grant of anticipatory bail to the petitioners in Complaint case No.283 of 2.8.2007, under Section 3 of Scheduled Castes and Scheduled Tribes (Prevention of Attrocities) Act, 1989 (in short SC&ST Act') and Sections 354, 342, 506 IPC, pending in the Court of ld. Judicial Magistrate Ist Class, Batala. I have heard learned counsel for the petitioners and have gone through the whole record carefully, including the orders passed by learned Magistrate summoning the petitioners and by ld. Special Judge, Gurdaspur, vide which application filed on behalf of the present petitioners for anticipatory bail was dismissed. Brief allegations against the petitioners-accused are that Narinder Kaur-complainant filed a complaint against them for offences under Section 3 of SC&ST Act and Sections 354, 342 and 506 IPC. According to the allegations made in the complaint, one Surinder Singh had filed a complaint against one of the petitioners, namely, Balkar Singh, in the Court of Sub Divisional Judicial Magistrate, Batala, and the complainant Crl.M.No.M-27384 of 2010 (O&M) -2- was the witness in the said complaint and hence, he was having grudge against her. On 8.7.2007, at about 6.30 a.m. when complainant was going to fields and when she reached near the house of the accused, which is a public place, all the petitioners-accused came out of the house and stopped her and restrained her movements and uttered the words that `Tu kuttie churiae majbane tu court wich sade khilaf gwahi detti hai, majbane asi tanu apne ghar da gand chukana haui ate tanu pind wich rehan nahi dena tu apni jaat bhul gai hai ate sade nal pange lani hai ate ten uteri aukat dikhani hai'. They started making gestures against her, criminally assaulted her, used criminal force against her and outraged her modesty. Threat was also given to her life. The occurrence was witnessed by Surinder Singh and Lakhwinder Singh. On these facts, after recording preliminary evidence, petitioners-accused were summoned to face trial for the offences, as aforementioned, by learned Magistrate. Anticipatory bail application filed by the petitioners-accused has already been dismissed by learned Special Judge, in view of the bar created under Section 18 of the SC&ST Act. On these allegations, prima facie, a case for offence under Section 3 of the Act is made out, as observed by Hon'ble Apex Court in Swarn Singh v. State through Standing counsel 2008(4) RCR (Criminal) 74. Hence, in view of the bar created under Section 18 of the SC&ST Act, no case for grant of anticipatory bail is made out. Hence, in view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitioners- Sukhbir Singh, Jagir Singh, Gurmeet Singh, Balkar Singh for grant of anticipatory bail is, hereby, dismissed being devoid of any merit. 17.9.2010 (Ram Chand Gupta) meenu Judge