In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-2060 of 2009 Date of decision: 9.3.2009 Chanchal Singh and others ......Petitioners Versus State of Punjab and another .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Harsh Aggarwal, Advocate, for the petitioners. Mr.Aman Deep Singh Rai, AAG, Punjab. Mr.P.S.Sekhon, Advocate, for respondent No.2. **** SABINA, J. Petitioners have filed this petition under Section 438 of the Code of Criminal Procedure (“Cr.P.C. for short) for grant of anticipatory bail in criminal complaint No.40 dated 9.6.2007 (Annexure P-1) pending in the Court of Sub Divisional Judicial Magistrate, Dhuri in which the petitioners have been summoned under Section 323/342/506/34 of the Indian Penal Code and Section 3 (x) the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Learned counsel for the petitioners has submitted that petitioner No.1 along with others had filed a suit for permanent injunction against Gram Panchayat and others. The complainant as well as the witnesses in the present complaint are related to defendant Nos. 3 to 5 in the said suit. Complainant Jagtar Singh is the son of defendant No.3 Sarup Singh, witnesses Harnek Singh and Criminal Misc. No.M-2060 of 2009 -2- Shingara Singh are sons of Mukhtiar Singh, who are real brothers of defendant No.5 Kala. Gurmail Kaur is sister-in-law of Jagga Singh (Chowkidar) defendant No.4. Jagga Singh (Chowkidar) himself is defendant No.4 in the civil suit (Annexure P-2). In these circumstances, the petitioners have been falsely involved in the complaint on account of filing of the civil suit. Learned counsel for respondent No.2 has opposed this petition for bail . After hearing learned counsel for the parties, it is evident that the complainant as well as the witnesses are related to the defendants in the civil suit filed by petitioner No.1. Jagga Singh (Chowkidar) himself is defendant in the civil suit. The possibility that the petitioners might have been falsely roped in this case due to filing of the civil suit by petitioner No.1 cannot be ruled out. The occurrence is alleged to have taken place on 11.5.2007 when construction of wall was being raised in Khasra No.1528. Accordingly, without expressing any opinion on the merits of the case, it would be just and expedient to allow this petition. Hence, this petition is allowed. The petitioners are directed to surrender before the Sub Divisional Judicial Magistrate, Dhuri on or before 17.3.2009 i.e. date fixed and they shall be released on bail subject to the satisfaction of the said Court. (SABINA) JUDGE March 09, 2009 anita