Harjinder Singh vs State of Punjab - 2023 Supreme(P&H) 2478

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2478

ANOOP CHITKARA
Harjinder Singh – Appellant
Versus
State of Punjab – Respondent

Advocates Appeared:
Mr. Rakesh Kumar Kachura, Advocate; For the Appellant
Mr. H.S. Sitta, DAG, Punjab.

JUDGMENT

Mr. Anoop Chitkara, J.

FIR No.	Dated	Police Station	Sections
09	17.02.2023	Kaccha Pacca, District Tarn Taran	326, 323, 452, 148, 149 IPC and Section 3(i)(iii) of SCSTPOA Act

Criminal Case no.	CIS No.BA/563/23
before trial Court	Date of decision:15.04.2023

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, Tarn Taran, which was dismissed on 15.04.2023.

3. In Prathvi Raj v. Union of India , AIR 2020 SC 1036 , a three-judge bench of Supreme Court read down Section 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 prim face 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 14 of the bail appeal, the accused declares that he has no criminal