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2002 Supreme(P&H) 744

K.S.GAREWAL
Jagir Chand – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioners:Mr. S.C. Chhabra, Advocate.
For the Respondent: Mr. IPS Sidhu, DAG, Punjab.


JUDGMENT

K.S. Garewal, J. - Adjourned to 3.10.2002.

Counsel for the petitioners submits that the occurrence had taken place in the house of the complainant, therefore, it was not in public view. Moreover, the complainant does not state that he belongs to a Scheduled Caste and that the accused were aware of this. Therefore, the prohibition contained in the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against grant of anticipatory bail may not be operative.

2. Moreover, the custodial interrogation of the petitioners may also not be necessary at this stage. Consequently, they are admitted to interim anticipatory bail. They shall surrender before the Investigating Officer on August 6, 2002. In the event of arrest of the petitioners, they shall be admitted to bail to the satisfaction of Investigating Officer.

Petition allowed.


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