IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 33665 of 2010(O&M) Date of Decision: December 8, 2010. Balwinder Singh @Bindri and others. ...... PETITIONER(s) Versus State of Punjab ...... RESPONDENT (s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. T.S.Sangha, Sr.Advocate with Mr. Narinder Singh, Advocate for the petitioners. Mr. K.D.Sachdeva, Addl.A.G., Punjab. Mr. Balwineder Singh, Advocate for the complainant. ***** RAM CHAND GUPTA, J.(Oral) The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.37 dated 07.10.2010, under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station Kotfatta, District Bathinda. CRM No.M-33665 of 2010 I have heard learned counsel for the parties and have gone through the whole record. This Court while issuing notice of motion on 17.11.2010 passed the following order:- “Crl.M.No.59816 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.M-33665 of 2010 Contends that the present FIR has been lodged as a counter-blast to FIR No.78, dated 8.10.2009, lodged by petitioner no.1-Balwinder Singh against the brother of complainant, who is Sarpanch of the village. Further contends that petitioner no.3 also belongs to scheduled caste. Further contends that even from perusal of the FIR, prima facie no offence under Section 3 of the SC & ST Act is made out. Notice of motion for 8.12.2010. However, petitioners are directed to join the investigation and in case they are arrested, they shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C. At this stage, Mr.Balwinder Singh, Advocate, puts in appearance on behalf of the complainant.” It has been stated by learned counsel for the petitioners that they have already joined the investigation pursuant to said order dated 17.11.2010. It has also been stated by learned counsel for the State that petitioners have joined the investigation and that they are no more required for any custodial interrogation. There are no allegations on behalf of the State that petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. 2 CRM No.M-33665 of 2010 Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of Balwinder Singh @Bindri, Jagjit Singh and Baljit Singh @Biri is accepted and order dated 17.11.2010 granting interim bail in favour of the petitioners is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C. The present petition stands disposed of accordingly. ( RAM CHAND GUPTA ) December 8, 2010. JUDGE 'om' 3