High Court of Punjab and HaryanaCRM-M/15480/2022disposed of

Sarabjit Singh And Others v. State Of Punjab

2022-04-13Mr. Justice Anoop Chitkara2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-15480-2022 Date of Decision:April 13, 2022 Sarabjit Singh and others ......Petitioner(s) Vs.

State of Punjab ......Respondent(s) CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Aman Dhir, Advocate for the petitioners Mr. Kirat Singh Sidhu, DAG, Punjab ---- ANOOP CHITKARA J. (ORAL) FIR No.

Dated Police Station Sections 20.04.2017 Jhunir, District 302, 307, 427, 148, 149 IPC and Mansa Sections 25 and 27 of the Arms Act, 1959, Section 3(2) of the V of Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, Notices served upon the official respondent through the State's counsel.

1. After dismissal of the application for anticipatory bail by the Sessions Court, filed under section 438 of the Code of Criminal Procedure, 1973 (CrPC), the petitioners apprehending arrest in the FIR captioned above have come up before this Court again under Section 438 CrPC seeking anticipatory bail.

2. As per Section 14-A of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, (SCSTPOA), an appeal would lie against an order of bail. Given above the present petition is not maintainable.

3. Since the petitioners have chosen the wrong provision of law, the petitioners shall be at liberty to file an appeal under section 14-A of SCSTPOA and to enable the petitioners to do so, there shall be a stay of arrest for seven days from today. If the petitioners choose to file an appeal within the above time, the stay order shall be substituted by the order passed in such a bail application. However, if the petitioners do not file a bail within the period SONIA ARORA 2022.04.13 15:58 I attest to the accuracy and integrity of this document

CRM-M-15480-2022 --2-- ***** described above, the stay shall automatically stand vacated without further reference to this court.

Petition disposed of in aforesaid terms. All pending applications, if any, stand disposed. (ANOOP CHITKARA) JUDGE April 13, 2022 sonia arora Whether speaking/reasoned:

Yes/No Whether reportable:

No SONIA ARORA 2022.04.13 15:58 I attest to the accuracy and integrity of this document