- (1.) The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in complaint case no.46 dated 08.05.2006 for offence under Sections 3/4 of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 pending in the court of learned Judicial Magistrate First Class, Amritsar. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Amritsar dismissing anticipatory bail application CRM No.M- 1089 of 2012 2 filed by the petitioner.
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(3.) This Court while issuing notice of motion on 16.01.2012 passed the following order:- "Crl. M. No. 2242 of 2012 Application is allowed subject to all just exceptions. Crl.M.No.M-1089 of 2012 Heard. Contends that the present FIR has been registered against the present petitioner as respondent- complainant was having grudge against the petitioner as petitioner was working as SHO and respondent was working under him as Head Constable and that he got registered the FIR no.73 dated 10.10.2005 under Section 420 Indian Penal Code and Section 13(2) of P.C. Act against the respondent. Further contends that similarly placed co-accused have already been granted bail by learned Additional Sessions Judge, Amritsar vide order dated 28.06.2011. Notice of motion for 08.02.2012. In the meantime, petitioner is directed to appear before learned Illaqa Magistrate within two weeks from today and in case he so appears and applies for regular bail, he be admitted to interim bail by learned Illaqa Magistrate subject to any conditions that may be deemed to be imposed by it.";