Sarishta Devi and Others vs State of Punjab and Another

Jaswant Singh, J.—Prayer u/s 438 Code of Criminal Procedure is for grant of anticipatory bail in criminal complaint No. 128/1 dated 6.9.2008 under Sections 3, 4 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, in which the Petitioners have been summoned to face trial vide order dated 14.7.2009.

As per allegations made by complainant-Kamlesh Kumari, her son had successfully contested the election of Panch of Gram Panchayat. It is further alleged that Petitioner No. 1 had also successfully contested the election of Panch by defeating Beant Kaur-belonging to the complainant side. It is alleged that on 19.7.2008 Petitioners along with two other non-applicant accused came in front of the gate of the house of the complainant and hurled abuses in the name of caste of the complainant. It is further alleged that the complainant was also manhandled by the Petitioners.

Learned Counsel for the Petitioner submits that from the allegations made in the complaint it is clear that the alleged incident had taken place in the house of the complainant and not in full public view and therefore, no offence, as alleged is made out under the SC/ST Act.

Notice of motion to Respondent No. 1.

At the asking of the Court, Mrs.RK Nihalsinghwala, Addl.AG Punjab accepts notice.

After hearing the learned Counsel for the parties, I am of the view that prima facie, no offence, as alleged is made out. However, without expressing any opinion on the merits of the case at this stage, I am of the view that the prayer of the Petitioners deserves to be accepted. Accordingly, this petition is disposed of with the direction to the trial Court that in case the Petitioners surrender before the trial court on or before the next date fixed i.e. 14.12.2010 or within next three days there after, they shall be released on bail to the satisfaction of the trial court.

Disposed of.