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2022 Supreme(P&H) 1620
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anoop Chitkara, J.
Sukhdeep Singh – Appellant
Versus
State Of Punjab – Respondent
CRM-M-27873-2022
Decided On : 01-07-2022
Mr. Mikhail Kad, Advocate, for the Appellant; Mr. Sidakmeet Singh Sandhu, AAG, Punjab, for the Respondent.
The main legal point established in the judgment is the interpretation and application of Section 14-A of SCSTPOA in relation to the maintainability of an application for anticipatory bail under Section 438 of the CrPC.
Headnote:
Anticipatory Bail - SCSTPOA - The court held that the petitioner's application for anticipatory bail under Section 438 of the CrPC was not maintainable as per Section 14-A of the SCSTPOA. The petitioner was directed to file an appeal under section 14-A of SCSTPOA, and a stay of arrest was granted for two weeks to enable the petitioner to do so.
Fact of the Case:
The petitioner's application for anticipatory bail under Section 438 of the CrPC was dismissed by the Sessions Court. The petitioner then approached the High Court seeking anticipatory bail in a case involving charges under IPC and SCSTPOA.
Finding of the Court:
The court found that the petitioner had chosen the wrong provision of law and directed the petitioner to file an appeal under section 14-A of SCSTPOA. A stay of arrest for two weeks was granted to facilitate the filing of the appeal.
Issues: The main issue was the maintainability of the petitioner's application for anticipatory bail under Section 438 of the CrPC in light of the provisions of SCSTPOA.
Ratio Decidendi: The court's decision was based on the interpretation of Section 14-A of SCSTPOA, which provides for an appeal against an order of bail. The court held that the petitioner's application was not maintainable under Section 438 of the CrPC and directed the petitioner to follow the procedure under section 14-A of SCSTPOA.
Final Decision: The petition was disposed of with the direction for the petitioner to file an appeal under section 14-A of SCSTPOA, and a stay of arrest was granted for two weeks to facilitate the filing of the appeal.
JUDGMENT
Anoop Chitkara, J. -
| FIR No. | Dated | Police Station | Sections |
| 318 | 06.12.2019 | Lehra, District Sangrur | 452, 354, 323 & 34 IPC (Sections 3 & 4 of SCSTPOA added later on and Sections 452 & 34 IPC deleted) |
1. After dismissal of the application for anticipatory bail by the Sessions Court, filed under section 438 of the Code of Criminal Procedure, 1973 (CrPC), the petitioner apprehending arrest in the FIR captioned above has come up before this Court again under Section 438 CrPC seeking anticipatory bail.
2. As per Section 14-A of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, (SCSTPOA), an appeal would lie against an order of bail.
Given above the present petition is not maintainable.
3. Since the petitioner has chosen the wrong provision of law, the petitioner shall be at liberty to file an appeal under section 14-A of SCSTPOA and to enable the petitioner to do so, and there shall be a stay of arrest for two weeks from today. If the petitioner chooses to file an appeal within the above time, the stay order shall be substituted by the order passed in such a bail application. However, if the petitioner does not file a bail within the period described above, the stay shall automatically stand vacated without further reference to this court.
Petition disposed of in aforesaid terms. All pending applications, if any, stand disposed.
