IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-28501 of 2010 Date of Decision: 06.01.2011 Dinesh @ Vicky .... Petitioner Versus State of Punjab and another ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. Mohd. Salim, Advocate for the petitioner Mr. Kirat Singh Sidhu, DAG Punjab Mr. Sanjiv Gupta, Advocate for the complainant – respondent No. 2 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) Learned counsel for the petitioner states that pursuant to the interim direction issued by this Court vide order dated 27.9.2010, petitioner has surrendered before the trial Court and has been enlarged on bail. Learned counsel for the complainant has argued that in view of Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 439 of Cr.P.C. is not applicable and this Court ought not to have granted interim protection to the accused petitioner. Learned counsel for the complainant has further argued that from the allegations made in the complaint offence against the accused persons is clearly made out under the Crl. Misc. No. M-28501 of 2010 3 provisions of SC and ST Act. He has further argued that words uttered were totally in the public view with intention to cause insult and annoyance. Be that as it may be, in the opinion of this Court complainant shall be at liberty to move the trial Court for cancellation of the bail and in the event of moving such an application learned trial Court shall examine as to whether prima facie case is made out against the accused or not and if trial Court finds that prima facie case is made out against the accused then interim bail granted pursuant to the interim bail of this Court shall not come into the way of the trial court while allowing the application for cancelling the bail. With these observations, present petition stands disposed of. (ALOK SINGH) 06.01.2011 JUDGE reena