Crl. Misc.No.M 7729 of 2011 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc.No.M 7729 of 2011 Date of Decision:-04.05.2011 Ram Rattan Phor. ......Petitioner. Versus State of Haryana & Anr. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. Ajay Saini, Advocate for the Petitioner. Mr. Man Mohan Sikka, DAG Haryana. Mr. Vivek Suri, Advocate for respondent no.2. *** JASWANT SINGH, J.(ORAL) Instant petition under Section 482 Cr.PC read with Section 438 Cr.PC has been filed for grant of pre arrest bail to the petitioner in a criminal complaint case no.173 dated 19.05.2006 under Section 3 of SC & ST Act(Prevention of Atrocity Act) 1989 lodged by respondent no.2 pending in the Court of Additional Chief Judicial Magistrate, Panipat. As per allegations in the criminal complaint, the petitioner- accused is alleged to have entered the premises of the complainant in the Weavers Colony on 20.04.2004 and forcibly tried to dispossess him due to Crl. Misc.No.M 7729 of 2011 #2# the mere fact that he belongs to a Scheduled Caste Community. Learned Counsel submits that the petitioner who is practicing advocate has been falsely implicated by the complainant due to the fact that he had refused to bow to the pressure of the complainant and his friend one Mohinder Kumar Sharma for not appearing against him in a civil suit and criminal complaint filed against him. It is further submitted that the petitioner had also lodged one criminal complaint under Sections 499, 500, 120-B and 34 of IPC against complainant Prem Singh and other persons including Mohinder Kumar Sharma for having published defamatory material in a newspaper wherein they have been convicted vide judgment(P- 2) and appeal(P-3) also dismissed. It is further submitted that the allegations in the present complaint were also part of the application filed by the complainant before the Chairman SC & ST, New Delhi and wherein on the report of the SP concerned it was found to be a material of vexatious attitude and mala fides on the part of the complainant. It is thus contended that the filing of the complaint is as a counter blast to the enmity of the complainant with the petitioner as also based on false allegations and no offence under Section 3 of the SC & ST Act is made out. Learned Counsel for the respondent submits that due to the provisions of Section 18 of the SC & ST Act the petitioner is not entitled to the concession of pre arrest bail. After hearing the contention of the learned Counsel for the Parties and reading of the complaint and the attending circumstances, I find prima facie no case under the SC & ST Act is made out. Accordingly it is ordered that in case the petitioner-accused submits himself before the summoning Court/trial Court within next four weeks he shall be released on Crl. Misc.No.M 7729 of 2011 #3# regular bail subject to its satisfaction. ( JASWANT SINGH ) JUDGE May 04, 2011 Vinay