Crl.Misc.No.M-23983 of 2010 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on: August 19, 2010. Crl.Misc.No.M-23983 of 2010 (O&M). State of Haryana. .. Petitioner VERSUS Jagtar Singh and others. . Respondents *** PRESENT Mr.Amit Rana, DAG., Haryana. *** CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI M.M.S. BEDI, J. (ORAL) State of Haryana has challenged the order dated 27.01.2010, passed by the Additional Sessions Judge, Fatehabad, by filing this petition under Section 439 (2) Cr.P.C., to seek the cancellation of anticipatory bail granted to the respondents. Deputy Advocate General, Haryana has contended that the Additional Sessions Judge has exceeded his jurisdiction while exercising powers under Section 438 Cr.P.C., as Section 18 . . . 1 Crl.Misc.No.M-23983 of 2010 (O&M) debars the grant of pre-arrest bail in a case registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'The Act'). It has been further contended that the respondents have, prima facie, committed the offence under Section 3 (iv) & (v) by wrongfully occupying the land allotted by the competent authority to the members of scheduled castes and they have wrongfully dispossessed the members of the scheduled castes and have interfered in the enjoyment of the rights over the said land. It is contended that the First Information Report has been registered at the instance of Additional Deputy Commissioner, Fatehabad, on the basis of report dated 28.10.2009 passed by the Patwari of village Ghaswa. I have heard the State counsel and carefully considered the allegations against the respondents and the reasoning adopted by the Additional Sessions Judge while allowing the application under Section 438 Cr.P.C. A perusal of the impugned order indicates that the learned Additional Sessions Judge, has carefully perused the material before it to determine prima facie whether offence under Section 3(iv) and (v) of the Act is made out against the respondents relying upon the judgment in case Pala Singh Vs. State of Punjab, 2000(1) RCR (Crl.), 817, laying down that mere mention of Section 3 of the Act, cannot be a ground to release the accused under Section 438 Cr.P.C. The following reasons have weighed with the learned . . . 2 Crl.Misc.No.M-23983 of 2010 (O&M) Additional Sessions Judge, to grant the concession of pre-arrest bail to the respondents: - (i) Prima facie, the FIR registered against the petitioners is a counterblast to a case FIR No.254 dated 12.06.2009, under Sections 323, 324, 307, 148 & 149 IPC, Police Station, Ratia, registered against Prabhu, Surender, Kabal etc., who are complainants in the present FIR, on the allegations that they had caused injuries dangerous to life on the person of petitioners which case is pending for the examination of PWs. (ii) The report dated 28.10.2009, prepared by the Patwari appear to be repeated by the investigation conducted on the spot by the Deputy Superintendent of Police, Head Quarter, Fatehabad dated 28.11.2009 to the effect that the petitioners as accused are not in possession of even an inch of the land of the plots allotted to the complainant party; (iii) on the basis of above, prima facie, the offence under Section 3(iv) & (v) of the Act is not made out. In view of the valid reasons given by the learned Additional Sessions Judge, while exercising the powers under Section 438 Cr.P.C., no ground is made out for cancellation of the bail granted to the respondents especially when civil suit challenging the correctness of the recommendations of the Additional Deputy Commissioner, Fatehabad vide memo dated 19.11.2009 is pending . . . 3 Crl.Misc.No.M-23983 of 2010 (O&M) adjudication in the Court of Additional Civil Judge (Sr.Divn.), Ratia, titled Jagtar Singh etc., Vs. Mahender Singh etc. Dismissed. (M.M.S.BEDI) JUDGE August 19, 2010. rka . . . 4