HARMINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN spite of service, no one has appeared for respondent No.2. Service is complete. Prayer in this petition is for grant of anticipatory bail to petitioner Harminder Kaur, who has been summoned for the offence punishable under Section 3 (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for brevity "the Act") in a complaint case bearing No. 110086T/2010.

(2.) LEARNED counsel for the petitioner contends that the alleged occurrence had taken place on 30.11.2008 while the complaint was lodged on 08.02.2010 and the impugned summoning order was passed on 20.03.2012; that even if the contents of the complaint and the other material available on record are taken on their face value then also, the mischief of the provisions of the Act is not attracted; and that the matter was reported to the police but the allegations levelled by the complainant were found to be false. He also contends that in compliance of the order dated 14.01.2013, the petitioner did appear before the court below and furnished the bail bonds. He has also produced the certified copy of the order dated 17.01.2013 passed by the learned Judicial Magistrate Ist Class, Patiala, which is taken on record.

(3.) IN view of the totality of the facts and circumstances of the case, the present petition is allowed and the order dated 14.01.2013 whereby the ad-interim anticipatory bail was granted to the petitioner, is made absolute. The bail bonds furnished by the petitioner before the learned Judicial Magistrate Ist Class, Patiala, shall enure during the pendency of the trial subject to the compliance of the conditions mentioned therein.