Crl. Misc. No.M-4410 of 2011 (O&M) ****** Desa Singh Vs. State of Punjab and another Present : Mr. Amrik Singh Kalra, Advocate for the petitioner. Mr. S.S. Chandumajra, D.A.G., Punjab. None for respondent No.2. ******* AJAY TEWARI, J. (ORAL) Service is effected on respondent No.2 but none has appeared on behalf of him. This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case F.I.R. No.100 dated 6.11.2010 registered under Sections 3(1)(10) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 at Police Station Sarhali, District Tarn Taran. Perusal of the record reveals that there is a political factionalism in the village and the petitioner and the complainant and the petitioner has filed various complaints against the complainant for his acts of omission and commission in duties and for this the complainant is facing inquiry. As per learned counsel for the petitioner, there is a motivation for lodging of this F.I.R. On instructions from ASI Karnail Singh learned Deputy Advocate General, Punjab has conceded this factual aspect. He further states that the petitioner has been found guilty in an inquiry conducted by S.P. (D), Tarn Taran. Crl. Misc. No.M-4410 of 2011 (O&M) -2- Learned counsel for the petitioner has placed reliance on order dated 12.12.2005 passed in CRM No.M-5235 of 2005 whereby this Court had granted anticipatory bail to the petitioner since it was found that there was previous litigation pending between the parties. In my considered opinion, this is one of the rare cases where concession of anticipatory bail can be granted since there is a possibility that the allegations could be motivated. In the circumstances, without expressing any opinion on the merits of the case, I deem it appropriate to grant anticipatory bail to the petitioner. Ordered accordingly. In the event of arrest of the petitioner, he shall be released on bail to the satisfaction of Investigating Officer subject to the conditions envisaged under Section 438(2) Cr.P.C. Accordingly, the petition stands disposed of. ( AJAY TEWARI ) March 14, 2011. JUDGE ashish