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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEV RAJ – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 03.02.2026 DEV RAJ ......APPELLANT Versus STATE OF PUNJAB AND OTHERS ...... RESPONDENTS CORAM: HON'BLE MR.JUSTICE SURYA PARTAP SINGH Present: Mr. N.K. Banka, Advocate for the appellant.
Mr. I.P.S. Sabharwal, DAG, Punjab.
Mr. Shubham Bhardwaj, Advocate for respondent No.2.
******
SURYA PARTAP SINGH , J . (Oral) :
CRM-49258-2025 This is an application seeking for placing on record the Partnership Deed and Lease Deed as Annexures P-4 and P-5. For the reasons stated in the application, the same is hereby allowed and the Annexures P-4 and P-5 annexed with the application are taken on record.
Main case
1. An application for anticipatory bail moved by the appellant has been dismissed by the learned Special Judge, Bathinda
Anticipatory bail can be granted if no prima facie case is established under the SC/ST Act, as per the ruling in Dr. Subhash Kashinath Mahajan v. State of Maharashtra.
For offences under the SC/ST Act, knowledge of the victim's caste and that the act occurred in public view are essential ingredients; neither was established in this case.
The main legal point established is that the bar on anticipatory bail under the SCST Act does not apply if no prima facie case is made out, and the court has the inherent power to grant pre-arrest ba....
Anticipatory bail can be granted despite statutory bars if allegations do not establish a prima facie case under the relevant act.
Pre-arrest bail – In relation to any case involving arrest of a person who is facing accusation about committing offence under SC/ST Act,1989, protection of Section 438, Cr.P.C. would not be availabl....
The court established that anticipatory bail can be granted if no prima facie case exists under the SC/ST Act, based on judicial discretion and the specifics of the case.
Anticipatory bail under SC/ST Act granted despite denial of specific assault allegations.
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