In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M 1415 of 2009 Date of decision: 6.3.2009 Tarsem Lal ......Petitioner Versus Rajesh Kumar and another .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Ritesh Pandey , Advocate, for the petitioner. Ms.Sumanjit Kaur, Advocate, for respondent No.1. Mr.Amandeep Singh Rai, AAG, Punjab. **** SABINA, J. This petition has been filed by Tarsem Lal under Section 438 of the Code of Criminal Procedure (“Cr.P.C. for short) for grant of anticipatory bail in a complaint case titled as Rajesh Kumar vs. Tarsem Lal under Sections 3 and 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and 500, 506 (II) of the Indian Penal Code (IPC for short) No.96 dated 19.9.2000 pending in the Court of Judicial Magistrate, Ist Class, Pathankot, District Gurdaspur. Learned counsel for the petitioner has submitted that Leela Wanti had filed a suit for declaration and permanent injunction against the petitioner and the said suit was dismissed vide judgment dated 15.9.2006 (Annexure P-3). The petitioner had been falsely involved in this case at the instance of Leela Wanti, who could not Criminal Misc. No.M 1415 of 2009 -2- get a stay order in the civil suit. Learned counsel for respondent No.1 has submitted that the complainant was not related to Leela Wanti and had gone along with her being Lambardar of the village, and hence he had been insulted by the petitioner. It is evident that Leela Wanti had filed a civil suit on 22.7.2000 against the petitioner for declaration of permanent injunction and the same was dismissed on 15.9.2006 (Annexure P- 3). On 28.8.2000, the complainant had gone with Leela Wanti in an enquiry before Deputy Superintendent of Police, Gurdaspur. The occurrence is alleged to have taken place on 30.8.2000 in the fields of the complainant. In the facts of the present case, the possibility that the petitioner might have been involved in this case with a mala fide intention cannot be ruled out. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. The petitioner is directed to surrender before the trial Court within two weeks from today. The trial Court shall release the petitioner on bail subject to its satisfaction. (SABINA) JUDGE March 06, 2009 anita