SATNAM SINGH Vs. HARMAIL SINGH @ MITHU

JUDGEMENT

(1.) PRAYER in this petition is for grant of anticipatory bail to petitioners, namely, Satnam Singh and Pargat Singh, who have been summoned in a complaint case for the offences punishable under Sections 323, 324, 341 and 506 read with Section 34, IPC, and Sections 3 and 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989,(for brevity "the Act") pending in the court of learned Special Judge, Sangrur.

(2.) LEARNED counsel contends that the complainant was not medico -legally examined and as such, the oral testimony of the complainant is not supported by any medical evidence; that the alleged occurrence had taken place on 15.11.2011 while the complaint was filed after a delay of one month and 14 days; that even if the whole case of the complainant is taken at its face value then also the mischief of Sections 3 and 4 of the Act is not attracted; that the learned summoning court has not specified the offences which were allegedly committed by the petitioners; and that in compliance of the interim directions issued by this Court vide order dated 18.12.2013, the petitioners did appear before the court below and were admitted to bail vide order dated 21.01.2014. In support of his contention, he has placed on record the certified copy of the order dated 21.01.2014 passed by the learned Judicial Magistrate Ist Class, Sangrur, which is taken on record.

(3.) LEARNED counsel for the State has gone through the certified copy of the said order and very fairly concedes that in compliance of the interim directions issued by this Court vide order dated 18.12.2013, the petitioners were admitted to bail by the learned summoning Court.