High Court of Punjab and HaryanaCRM-M/12297/2015disposed of

Sarvjit Kaur v. State Of Punjab And ANR

2015-04-21Mr. Justice Dr. Bharat Bhushan Parsoon1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M 12297 of 2015 Date of decision : 21.04.2015 Sarvjit Kaur ....Petitioner V/s State of Punjab & anr.

....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Manuj Nagrath, Advocate for the petitioner. RAJAN GUPTA J.

This is a petition filed under Section 438 Cr.P.C. seeking pre-arrest bail in a complaint case no. 37161 dated 17.04.2013 wherein petitioner has been summoned to face trial for offences under section 3(ii)(xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sections 323, 354, 506 & 34 IPC.

According to counsel for the petitioner, pre-arrest bail application has been rejected by the Additional Sessions Judge, Ludhiana on the ground that section 18 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 would operate as a bar.

Under the circumstances, this petition is disposed of and petitioner is relegated to the remedy of seeking regular bail before the trial court. In the eventuality, petitioner moves an application for bail within ten days from today, same shall be decided within a week thereafter.

Arrest of the petitioner shall remain stayed till the decision of the bail application.

April 21, 2015 (RAJAN GUPTA) Ajay JUDGE AJAY KUMAR 2015.04.21 15:58 I attest to the accuracy and authenticity of this document