Criminal Misc. No. M-1937 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-1937 of 2008 Date of decision:- 29.7.2008 1) Rohtash and others ...Petitioners. Versus Sube Singh and another ...Respondents. 2) Criminal Misc. No. M-4304 of 2008 Baljeet Singh ...Petitioner. Versus Sube Singh and another ...Respondent. CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Sachin Mittal, Advocate for the petitioners. Mr. Navneet Singh, AAG, Haryana. Mr. Gautam Dutt, Advocate for the respondent No. 1. RAJESH BINDAL J. This order will dispose of two petitions bearing Criminal Misc. Nos. M-4304 of 2008 and M-1937 of 2008. Prayer is for the grant of anticipatory bail to the petitioners in Criminal complaint No. 47/06/99 titled Sube Singh versus Samarat etc. filed under Sections 323, 506 IPC and Section 3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, the Act). The facts are extracted from Criminal Misc. No. M-1937 of 2008. Learned counsel for the petitioners submitted that the petitioners in the present case have been falsely implicated in the present Criminal Misc. No. M-1937 of 2008 2 case. In fact for the same offence the complainant earlier lodged FIR No. 202 on 8.7.1999 against the petitioners. On inquiry, the police found that the offence under Section 3 of the Act was not made out and the challan was presented only for offences under Sections 323/506 IPC and the charges against the petitioners were also framed under the aforesaid sections. The respondent-complainant filed application for alteration of charges which was rejected and that order attained finality. On the basis of first complaint FIR was registered on 8.7.1999, however, with the same allegations the complainant filed a private complaint in the Court on 14.12.1999 in which the petitioners have been summoned vide order dated 5.10.2007. The submission is that once the court of competent jurisdiction had already opined that no case for violation of Section 3 of the Act was made out, the petitioners have prima facie case for the grant of bail. Additional submission made in Criminal Misc. No. M-4304 of 2008 is that the petitioner therein himself is a scheduled caste and accordingly no offence under the Act can be alleged against him. Facts stated by the learned counsel for the petitioners regarding registration of FIR, filing of challan, framing of charge and the dismissal of application for alteration of charge are admitted by the learned counsel for the respondent-complainant. Keeping in view the aforesaid facts, in my opinion the petitioners have prima facie good case for the grant of pre-arrest bail. They have already put in appearance before the court below and furnished their bail bonds in terms of orders passed by this Court on 24.1.2008. Accordingly, the interim orders passed by this court on 24.1.2008 and 8.5.2008 passed in Criminal Misc. No. M-1937 and M-4304 of 2008, respectively are made absolute. The petitions are disposed of accordingly. July 29, 2008 (RAJESH BINDAL) ritu-II JUDGE