CRM NO. M-10150 OF 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM NO. M-10150 OF 2011 (O&M) DECIDED ON : 09.05.2011 Nachhattar Singh and another ...Petitioners versus State of Punjab and another ...Respondents CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : Mr. G. S. Nagra, Advocate, for the petitioners. Mr. Amandeep Singh Rai, AAG, Punjab. K. C. PURI, J. (ORAL) Petitioners Nachhattar Singh and Jasbir Kaur have applied for anticipatory bail in complaint No.54 of 2006 titled as, “Amarjit Singh vs. Nachhattar Singh and others” pending before JMIC, Ropar. As per allegations levelled in the complaint, on 21.10.2006 on the day of Diwali at about 7:30 P.M, the complainant along with his wife was present in the street of his house and was lightening the earthen pots and was keeping them on the wall of his house by standing in the street. Then petitioner Nachhattar Singh who was under the influence of liquor, along with his wife reached there and Nachhattar Singh used CRM NO. M-10150 OF 2011 (O&M) -2- derogatory words about the caste of complainant. He also gave slap blow to the complainant and on that account, the complainant fell down on the earth and raised noise which attracted Malkit Singh, Jasmer Singh and Surinder Singh, who were standing in the street. It is further alleged that in their presence also, Nachhattar Singh uttered words against the caste of complainant. Notice of the bail petition was given to the complainant which is duly served but none has come present. Learned counsel for the petitioners has submitted that cross case is pending between the parties. He has further submitted that there is a dispute of wall regarding which compromise has arrived at between the parties on 25.06.2009. In support of his contentions, he has placed reliance on “Ashok Kumar Mahajan and ors. vs. State of Punjab” 2010 (1) Criminal Court Cases 881 (P & H). I have considered the submissions made by learned counsel for the petitioners and have gone through the records of the case. So far as petitioner Jasbir Kaur is concerned, only her presence has been mentioned. There is no specific attribution against her. So, the petition for anticipatory bail qua her stands accepted. She is ordered to be released on bail to the satisfaction of trial Court. CRM NO. M-10150 OF 2011 (O&M) -3- So far criminal case is concerned, the same was filed after present complaint. There is no document on the file to show that there was enmity between the parties at the time of filing the complaint. So far as the authority Ashok Kumar's case (supra) is concerned, in that authority there was a dispute between the parties regarding money transactions. In the present case, the petitioner Nachattar Singh has failed to show that on the date of occurrence any case was pending between the parties. So in view of Section 18 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, the petition qua petitioner no.1- Nachhattar Singh stands dismissed. However, if any regular bail application is moved before the trial Court, that shall be decided within two days. Disposed of. MAY 09, 2011 (K. C. PURI) shalini JUDGE