- (1.) THE learned Public Prosecutor contended that one of the offences registered against the petitioners, is that of S. 3 of the SC & ST (Prevention of Atrocities) Act, '89, and that on account of the provisions contained in S. 18 of the said Act, no application u/s. 438, Cr. P. C. is maintainable. THE learned Public Prosecutor also urged that the petitioner did not move to the Special Court, for grant of anticipatory bail; and they had moved to the Additional Sessions Judge, Deeg, who rejected the application on the sole ground that one of the offences was u/s. 3 (1} (v) of the said Act.
(2.) ON a perusal of the complaint made by Heerasingh complainant, it would appear that the complainant had himself alleged that he and his father who had some agricultural land in village Bhaoli, got the same cultivated by letting it out on rent to others. There is no assertion that the persons to whom the land had been let out, had vacated the land and delivered its possession to the petitioners. In the absence of that allegation, it could not be said that there was an offence u/s. 3 (1) (v) of the Act. Consequently, the general law will apply. Having regard to all the facts and circumstances of the case, it is ordered that all the petitioners will, in the case of their arrest by the SHO, PS - Nagar, Distt. Bharatpur, against FIR No. 111/90, lodged at the police station, in connection with offences u/ss. 147, 323, 447, 427 & 379, IPC, be enlarged on bail on each of them furnishing a personal bond in the sum of Rs. 4000/- with two sureties in the sum of Rs. 2000/- each, to the satisfaction of the SHO of the said police station, to appear before him, whenever called upon to do so, on the following conditions : - (a) That they shall make themselves available for interrogation by a police officer as and when required. (b) that they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the court or to any police officer ; and (c) that they shall not leave India without the previous permission of the court. .;