Crl.M.No. M-30403/2010(O&M) #1# IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.M.No. M-30403/2010(O&M) Date of decision:12.11.2010. Subhash Chander and others ....................Petitioners v. State of Punjab .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.G.S. Jaswal ,Advocate for the petitioners. Mr.Gaurav Garg Dhuriwala,AAG Punjab. Jaswant Singh.J.(Oral) Prayer under Section 438 Cr.P.C is for grant of interim/pre arrest bail in case FIR No.91 dated 24.10.2009 under Sections 3(1)(5) {Sections 3(1)(v) as per the Act} of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S Nurpur Bedi, District Rupnagar. As per allegations levelled by complainant Harbhajan Singh, who is a retired DSP, petitioners had forcibly tried to dispossess him from the land in dispute over which his possession is of that gair marusi, being a member of the scherduled caste, thus committing an offence under Section 3(1) (5) of the SC/ST Act. Learned counsel contends that no offence against the petitioners is made out and the complainant has misused the provisions Crl.M.No. M-30403/2010(O&M) #2# of the SC/ST Act. Learned state counsel, on instructions from DSP H.S. Hundal, states that the petitioners have joined investigation and their custodial interrogation is no longer required. In view of the fact that it is yet to be determined at the stage of trial as to whether offence under the SC/ST Act is made out or not and the fact that the petitioners have joined investigation, I deem it appropriate to extend the concession of interim/pre arrest bail to the petitioners. In view of the above, interim protection/bail granted vide order dated 13.10.2010 passed by this Court is made absolute. Petition stands disposed of. 12.11.2010 (Jaswant Singh) manoj Judge