CRM No. M 19286 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 19286 of 2010 Date of decision: 24.12.2010 Avtar Singh and another ........ Petitioners Versus State of Punjab .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. G S Gill, Advocate for the petitioner Ms Rajni Gupta, Additional A G, Punjab for the respondent Mr. A S Khinda, Advocate for the complainant -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) This is a petition under Section 438 Cr.P.C. read with Section 482 Cr.P.C for grant of concession of anticipatory bail to the petitioners in case FIR No. 27 dated 25.02.2010 under Section 323, 324, 34, 506 of Indian Penal Code read with Section 3 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. It is contended that no offence under Section 3 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is made out against the present petitioners as there was no public person CRM No. M 19286 of 2010 2 around when the said offence is stated to have been committed. It is further stated that there is no mention of the fact that the present petitioners were aware of the caste of the complainant. Application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail is specifically barred under Section 18 of the Scheduled Caste and Scheduled Tribes Act, 1989. Therefore, taking into the allegations in the FIR, the facts, as well as the contention raised by learned counsel for the petitioners, the present petition is disposed of with direction that in case, the petitioners appears and files application for regular bail under Section 439 of the Code of Criminal Procedure, they shall be released on bail on furnishing their bail bonds to the satisfaction of the trial Court. (Nirmaljit Kaur) Judge 24.12.2010 mohan