IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.No. M- 17369 of 2010 (O & M) Date of decision:- 22.7.2010 Buta Singh and another ...Petitioners Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAM CHAND GUPTA Present:- Mr. H.P.S. Ghuman, Advocate for the petitioners. Mr. K.D. Sachdeva, Addl.A.G. Punjab. Mr. N.S. Shekhawat, Advocate for the complainant. RAM CHAND GUPTA J.(Oral) The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioners in FIR No.23 dated 29.1.2010, under Sections 342,323,34 IPC and under Section 3 of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, registered at Police Station Patran, District Patiala. I have heard learned counsel for the parties and have gone through the whole record carefully. Co-ordinate Bench of this Court while issuing notice of motion on 21.6.2010, passed the following order:- “Contention of the learned counsel for the petitioners before this Court is that the provisions of Section 3 of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 are not applicable in the case of the petitioners, as there is no such allegation in the FIR that they have made any derogatory language against the complaint. It was further argued that the other offences mentioned in the FIR are bailable. Notice of motion for 5.07.2010. Meanwhile, in the event of arrest of the petitioners, they shall be released on interim anticipatory bail by the Arresting Officer to his satisfaction, subject to the following conditions:- (i) that they shall make themselves available for interrogation by a police officer as and when required; (ii) that they shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court or to any police officer; (iii) that they shall not leave India without the previous permission of the Court;” It has been stated by learned counsel for the petitioners that the petitioners have joined the investigation in pursuance of the said order. Further contended that the petitioners did not utter the words against the Caste of the complainant and that rather the words have been uttered by co-accused i.e. Sarpanch of the Village namely Daler Singh. It has been stated by learned counsel for the respondent- State that the petitioners have joined the investigation and are no more required for any custodial interrogation. There are no allegations on behalf of the State that the 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. In view of these facts and without expressing any opinion on the merits of the case, order dated 21.6.2010, granting interim bail to the petitioners-Buta Singh and Hushiar Singh, is, hereby confirmed subject to the compliance of conditions contained in Section 438(2) Cr.P.C. The present petition stands disposed of accordingly. July 22, 2010 ( RAM CHAND GUPTA ) vj JUDG