High Court of Punjab and HaryanaCRM-M/16319/2016dismissed

Prabhdyal @ Babbi @ Tota & ANR v. State Of Punjab

2016-09-06Mr Justice Rajiv Sharma2 pages

Crl. Misc. No. M-16319 of 2016 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-16319 of 2016 Date of Decision: 06.9.2016 Prabhdyal @ Babbi @ Tota and another .....Petitioners

Versus

State of Punjab ....Respondent CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. Veneet Sharma, Advocate for the petitioners.

Mr. V.P.S.Sidhu, AAG, Punjab.

**** ANITA CHAUDHRY, J(ORAL) Through the instant petition, the petitioners are seeking anticipatory bail in case FIR No. 342 dated 15.12.2014, registered under Sections 3(i), 3(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 376-D IPC, Police Station Patti, District Tarn Taran.

Counsel for the petitioners urges that a quashing petition has separately been filed based on the compromise. Counsel urges that looking at the tone and tenor of the allegations, the allegations are false. State counsel states that the incident is of 14.12.2014 and the FIR was lodged on the next day and the MLR was conducted and spermatozoa was found but in the 164 Cr.P.C. statement, the victim had stated that they were three unknown persons and did not name any accused. The petitioners are proclaimed offenders. They had earlier Gurpreet Singh Bhatia 2016.09.09 11:05 I attest to the accuracy and authenticity of this document High Court Chandigarh

Crl. Misc. No. M-16319 of 2016 -2approached this Court with an application under Section 438 Cr.P.C. directly. The petition was withdrawn with liberty to approach the Court below. The petitioners were declared proclaimed offenders on 6.2.2016. Since the petitioners are proclaimed offenders, they are not entitled to anticipatory bail and the application is not maintainable. The petitioners would surrender before the Court below.

Petition is dismissed.

(ANITA CHAUDHRY) JUDGE September 06, 2016 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2016.09.09 11:05 I attest to the accuracy and authenticity of this document High Court Chandigarh