In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 5579 of 2009 Date of Decision:March 10, 2009 Jagtar Singh @ Pappi Brar and others ---Petitioner versus Raja Singh ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr.Iqbal S.Mann,Advocate, for the petitioner Mr.Navdeep Chhabra, Advocate, for the respondent. *** SABINA, J. Petitioners have filed this petition under Section 438 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') seeking anticipatory bail in complaint No. 56-1 dated 4.4.2007 titled as “Raja Singh vs. Jagtar Singh and others” under Sections 323, 336, 506/34 of the Indian Penal Code and Section 3(III) (X) of the Scheduled Castes and Scheduled Tribes Act, 1989. Complainant-Raja Singh has filed a complaint against the petitioners alleging that on 3.4.2007 at about 8.30 a.m. he was attacked by Crl. Misc. No. M- 5579 of 2009 -2- the petitioners in front of many other person and he was abused by the petitioners. Learned counsel for the petitioners has submitted that the complainant was, in fact, breaking the pipe, which is to be maintained by the panchayat, to give connection to the house of Resham Singh. An application was moved by Baljit Singh-petitioner No. 3 to S.H.O., Police Station, Muktsar in this regard. When he came to know that the illegal act was being committed, he went to the spot and stopped the said persons from making illegal water connection and he also gave information to the panchayat in this regard that Raja Singh etc. who were making illegal connection, had insulted him. The said application is dated 3.4.2007 Learned counsel for the respondent, on the other hand has submitted that the petitioners had attacked the complainant in front of other person and had also insulted him as he is a scheduled caste. The fact that whether the respondent was making an illegal water connection out of the water pipe, which is being maintained by the panchayat along with others or whether the present complaint has been filed due to the said reason, would more appropriately be gone into and considered during trial. The possibility that the petitioners have been falsely involved in this case due to the complaint made by petitioner No. 2 to the Police (Annexure P-3) at this stage, cannot be ruled out. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioners are directed to surrender before the Judicial Magistrate Ist Class, Muktsar on or before 17.3.2009, the date Crl. Misc. No. M- 5579 of 2009 -3- fixed before it, and the said court shall release the petitioners on bail subject to its satisfaction. (SABINA) JUDGE March 10, 2009 PARAMJIT