CRM-M No. 27759 of 2011 **** Rachpal Singh and others v. State of Punjab an another Present: Mr. R.K.Girdhar, Advocate for the petitioners. Mr. Sumeet Abrol, AAG, Punjab. **** This is a petition for anticipatory bail filed by the petitioners in complaint case bearing No. 336-1 dated 20.11.2008 titled Buta Singh v. Rachpal Singh etc. Under Sections 7/10 of the Protection of Civil Rights Act, 1958 and under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under Sections 500/504/506/427/148/149 IPC pending in the Court of SDJM, Jalalabad (W), District Ferozepur. On 20.09.2011 the following order was passed:- “It is the contention of learned counsel for the petitioner that the petitioner has been summoned by the trial court in a complaint preferred by respondent No.2 for 11.11.2011. The petitioner is ready and willing to join the proceedings before the trial court and would per on the date fixed. He further contends that the petitioner would move an application for grant of regular bail,which may be considered and decided on the same day. In this case, notice was issued to the State as well as to the complainant/respondent No.2. As per the dasti notice issued to respondent No.2, same has been received back duly served, as per the report which has been submitted by the counsel for the petitioner in Court. None has put in appearance on behalf of respondent No.2. Considering the allegation made in the complaint and in the light of the statement made by the counsel for the petitioner, arrest of the petitioner is stayed till the next date of hearing. To come up for further consideration on 22.11.2011.” Thereafter he matter has been adjourned repeatedly to enable CRM-M No. 27759 of 2011 -2- the respondents to come and oppose the petition but none has turned up. Learned counsel has argued that in these circumstances the averments made in the petition have to be treated to be uncontroverted and as per the said uncontroverted averments it is clear that this complaint has been lodged as a counter blast to pressurize the petitioners from pursuing their civil litigation against the complainant-respondent. In this view of the matter I deem it appropriate to allow this petition. Let the petitioners appear before the Special Court and face the trial. The learned Special Court shall release them on bail to its satisfaction. ( AJAY TEWARI ) JUDGE December 21, 2011 sunita