← Library
High Court of Punjab and HaryanaCRM-M/15537/2022disposed of

Rohit Kumar v. State Of Haryana

2022-04-13Mr. Justice Anoop Chitkara2 pages

CRM-M-15537-2022 (O&M) 

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-15537-2022 (O&M) Date of Decision: 13.04.2022 Rohit Kumar

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Ms. Nisha Rana, Advocate for the petitioner.

Mr. Manish Bansal, DAG, Haryana.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 07.02.2022 Sector-14, 323, 354, 377, 406, 498-A IPC and 3 of Panchkula Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015) (328, 354C, 376 IPC added later on) 1.

After dismissal of the application for anticipatory bail by the Sessions Court, filed under section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C), the petitioner apprehending arrest in the FIR captioned above has come up before this Court again under Section 438 Cr.P.C 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 petitioner has chosen the wrong provision of law, the petitioner shall be at liberty to file an appeal under section 14-A of SCSTPOA and to enable the petitioner to do so, and there shall be a stay of arrest for ten days from today. If the petitioner chooses 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 petitioner does not file a bail within the period described above, the stay shall automatically stand vacated without further reference to this court.

JYOTI 2022.04.13 17:24 I attest to the accuracy and integrity of this document

CRM-M-15537-2022 (O&M)  Petition disposed of in aforesaid terms. All pending applications, if any, stand disposed. (ANOOP CHITKARA) JUDGE 13.04.2022 Jyoti-II Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI 2022.04.13 17:24 I attest to the accuracy and integrity of this document