SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(P&H) 532

ANOOP CHITKARA
Ashok Kumar – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. Pradeep Chhoker, Advocate, for the Appellant; Mr. Sulinder Kumar, AAG, Haryan, for the Respondent

JUDGMENT

FIR No.

Dated

Police Station

Sections

255

19.03.2022

Camp. Palwal, Distt. Palwal

148, 149, 323, 506 IPC and 25 of Arms Act & 3 of SC/ST Act.

 

Criminal Case no. before trial Court

BA-594-2022

HRPL01003069-2022

Date of decision:26.04.2022

1. Aggrieved by the dismissal of his bail under section 438 CrPC, the accused has come up before this court by filing an appeal under section 14-A of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, (SCSTPOA), seeking bail.

2. The appellant had filed a bail application before the Additional Sessions Judge, Palwal, which was dismissed on 26.04.2022.

3. In Prathvi Raj v. Union of India, AIR 2020 SC 1036, a three-judge bench of Supreme Court read down S. 18 by declaring as follows,

      [10]. Concerning the applicability of provisions of section 438 Cr.PC, it shall not apply to the cases under Act of 1989. However, if the complaint does not make out a prima facie case for applicability of the provisions of the Act of 1989, the bar created by section 18 and 18A (i) shall not apply.

      4. In paragraph 15 of the appeal, the accused declares that he has no criminal antecedents.

      5. On 18.03.2022, the complainant's grandson was going to the house of

          Click Here to Read the rest of this document
          1
          2
          3
          4
          5
          6
          7
          8
          9
          10
          11
          SupremeToday Portrait Ad
          supreme today icon
          logo-black

          An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

          Please visit our Training & Support
          Center or Contact Us for assistance

          qr

          Scan Me!

          India’s Legal research and Law Firm App, Download now!

          For Daily Legal Updates, Join us on :

          whatsapp-icon telegram-icon
          whatsapp-icon Back to top