Surender And Another v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-11193 of 2022 Date of Decision: 16.03.2022 Surender and another Petitioners

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Jitender Dhanda, Advocate for the petitioners **** FIR No.

Dated Police Station Sections 11.02.2022 Narnaund, District Hisar 147, 148, 149, 323, 506 IPC, Section 25 of the Arms Act, 1959 and Section 3 of SC/ST Act, 1989 (amended 2015) Criminal Case no.

before trial Court Bail application No.99 of 2022 CIS No.BA/565/2022 Date of order:09.03.2022 The petitioners have come up before this Court under Section 438 read with Section 482 Cr.P.C. seeking anticipatory bail. 2.

The petitioners had filed a bail application before the learned Additional Sessions Judge, Hisar which was dismissed on 09.03.2022. 3.

Learned State counsel has opposed the petition on the ground that the same is not maintainable.

4.

As per Section 14 A of the SC/ST Act, an appeal is appropriate remedy against the order of rejection of bail. There is no reason to bypass the statutory remedy. Thus, present petition is not maintainable.

5.

Confronted with this learned counsel for the petitioners wants to withdraw the petition with the liberty to file fresh one and also seek interim protection till the filing of such petition.

6.

The prayer is innocuous.

7.

Given above, the present petition is disposed as withdrawn with the liberty to file an appeal under Section 14A of SC/ST Act. 8.

There is stay of arrest of the petitioners for one week to file the appropriate legal remedy.

9.

It is clarified that the interim protection shall vacate automatically after the expiry of period of one week.

(ANOOP CHITKARA) JUDGE 16.03.2022 sonia arora Whether speaking/reasoned:

Yes / No Whether reportable:

No.

SONIA ARORA 2022.03.17 17:25 I attest to the accuracy and integrity of this document