CRM No. M 26930 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 26930 of 2010 Date of decision: 14.12.2010 Baljeet Malik ........ Petitioner Versus State of Haryana and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Vivek Khatri, Advocate for the petitioner Mr. Vikas Malik, AAG, Haryana for the respondent State Mr. D K Jangra, Advocate for the complainant -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) This is a petition under Section 438 with Section 482 of the Code of Criminal Procedure read for grant of anticipatory bail to the petitioner in criminal complaint No. 387/2/RBT dated 24.03.2007 (Annexure P12) titled as Rajesh Chand vs. Baljit Singh Malik, pending in the Court of Shri Parveen Kumar, JMIC, Ambala under Section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. It is contended that respondent No.2 is a habitual complainant CRM No. M 26930 of 2010 2 and he used to file complaint against his senior officers. It is further stated that the petitioner being the Senior Superintending Engineer (S.S.E.) at the relevant time had taken note of the complaints (Annexure P1, P2, P3 and P6) against the complainant. Accordingly, the present complaint has been filed on account of mala fide and vengeance. It is further stated that a perusal of the complaint shows that no offence under Section 3 (x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is made out. Heard. The fact remains that as per Section 18 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, anticipatory bail under Section 438 of Code of Criminal Procedure is not maintainable. However, taking into account the facts as narrated in the present petition, the same is disposed of with a direction that in case, the petitioner surrenders before the the Trial Court within 10 days from today and moves an application for regular bail, he shall be released on bail on his furnishing bail bonds to the satisfaction of the trial Court. However, nothing said herein above shall have any bearing on the merits of the case. (Nirmaljit Kaur) Judge 14.12.2010 mohan