IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-11018 of 2010 Date of Decision: April 23, 2010 Harbhajan Singh & Another .....PETITIONER(S) VERSUS State of Punjab .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. J.B.S. Gill, Advocate, for the petitioners. Ms. Rajni Gupta, Additional Advocate General, Punjab, assisted by Mr. Sanjiv Pandey, Advocate, for the complainant. . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 438 Cr.P.C. for grant of bail to the petitioner in case FIR No.2 dated 5.4.2010 under Section 506 IPC and Sections 3 & 4 of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered with Police Station, Chabbewal, District Hoshiarpur. Learned counsel for the petitioners has drawn the attention of the Court towards the Crl. Misc. No. M-11018 of 2010 [2] FIR wherein allegation is that petitioner No.1, Harbhajan Singh created roudism in a meeting of Panchayat. He used bad words in the context of the caste of the complainant, gave abuses and had scuffled. Learned counsel contends that merely saying that the accused had used “bad words relating to the caste” would not be sufficient to invoke the provisions of special legislation namely Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Considering the nature of allegations in the FIR and the fact that no recovery is to be effected, this petition is allowed. It is directed that in the event of arrest, the petitioners shall be enlarged on bail on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer, subject to the following conditions:- “(i) The petitioner shall make themselves available for interrogation as and when required; (ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person ac- quainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) The petitioner shall not leave India without the pre- vious permission of the Court.” Crl. Misc. No. M-11018 of 2010 [3] This order shall enure till 15 days after the filing of final report under Section 173 Cr.P.C. within which period, the petitioners shall be re- quired to seek regular bail. (AJAI LAMBA) April 23, 2010 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?