MEHINDER SINGH SULLAR ,J. - (1.) PETITIONERS -Bogha Singh @ Nahar Singh and others, have directed the instant petition for the grant of anticipatory bail in a criminal case instituted against them on a private complaint(Annexure P-1) filed by the complainant-Amandeep Singh son of Kaka Singh, (respondent), in which, they were summoned by the trial Court by way of summoning order dated 12.09.2012(Annexure P-2), for the commission of offences punishable under Sections 326, 324, 323, 506, 504, 148, 149 IPC and Sections 3 & 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, invoking the provisions of Section 438 Cr.P.C.
(2.) NOTICE of the petition was issued to the respondent. After hearing the learned counsel for the parties, going through the record with their valuable help and after deep consideration of the entire matter, to my mind, the present petition for anticipatory bail deserves to be accepted in this context.
(3.) DURING the course of preliminary hearing, the following order was passed by this Court on November 26, 2012:- "Learned counsel, inter alia, contended that the complainant party caused injuries to the petitioners party and a criminal case was registered against them, vide FIR No.130 dated 22.09.2008, on accusation of having committed the offences punishable under Sections 323, 324, 148 and 149 IPC (Section 326 IPC was later on added) by the police of Police Station Sardulgarh. The argument is that even a cross case was registered against the petitioners- accused, at the instance of complainant party. The argument further proceeds that still the complainant has filed a false complaint(Annexure P-1), in which the petitioners were again summoned to face the trial under the same very offences. Moreover, no offence under Sections 3 and 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, is made out against the petitioners, in view of the law laid down by this Court in case Dr.Onkar Chander Jagpal Vs. Union Territory, Chandigarh and another, 2012(1) RCR(Criminal) 931. Heard. Notice of motion be issued to the respondent, returnable for 10.12.2012. Meanwhile, the petitioners are directed to appear/surrender on 04.12.2012 and the trial Court would admit them on (provisional) bail on their furnishing adequate bail and surety bonds to its satisfaction." ;