Criminal Misc.-M No. 27501 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.-M No. 27501 of 2011 (O&M) Date of decision: 16.9.2011 Johny Masih and another .. Petitioners Vs. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Ms. Avinash Mandla, Advocate for the petitioners. Mr. P. S. Bajwa, Deputy Advocate General, Punjab. ... Rajesh Bindal J. Prayer in the present petition is for grant of pre-arrest bail to the petitioners. The FIR was initially registered under Sections 295-A, 379, 323, 506, 341, 34 IPC. However, later on, offence under Sections 295-A and 379 IPC were deleted and offence under Sections 298 IPC and Sections 3 and 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, `the Act') were added. Learned counsel for the petitioners submitted that a bare perusal of the FIR shows that offence under Sections 3 and 4 of the Act is not made out. It is not stated in the FIR that the petitioners knew that the complainant belonged to schedule caste. No specific words, as have allegedly been used by the petitioners, have been mentioned. The allegations are quite general in nature. It is also not stated that it was a public place or any member of the public was present when anything was said to the complainant. All other offences are bailable. In fact, the entire story is false and concocted. On the other hand, learned counsel for the State submitted that there are specific allegations against the petitioners in the FIR. They had Criminal Misc.-M No. 27501 of 2011 [2] uttered words against the complainant in the name of his caste. The same are sufficient to make out an offence against the petitioners under the Act. After hearing learned counsel for the parties and considering the allegations made in the FIR, where there is no specific allegation which could apparently attract the provisions of Sections 3 and 4 of the Act regarding uttering of words in the name of caste, in my opinion, the petitioners are not required to be taken into custody for interrogation. They shall appear before the Investigating Officer on 27.9.2011 at 10.00 AM for joining investigation. In case of arrest, the petitioners shall be released on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer. They shall appear before the Investigating Officer as and when called upon for further investigation. They shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C. The petition stands disposed of. (Rajesh Bindal) Judge 16.9.2011 mk