High Court of Punjab and HaryanaCRM-M/18389/2022disposed of

Ashok Kumar v. State Of Haryana

2022-05-02Mr. Justice Anoop Chitkara1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-18389-2022 Date of decision:-02.05.2022 Ashok Kumar ...petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Pradeep Chhoker, Advocate for the petitioner. Mr. Sulinder Kumar, AAG, Haryana.

**** FIR No.

Dated Police Station Sections 19.03.2022 Camp Palwal, District Palwal 148, 149, 323, 506 IPC 1860 and Section 25 of Arms Act, 1959 and Section 3 of SC/ST Act, 1989 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 petitioner apprehending arrest in the FIR captioned above has 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 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 seven 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.

Petition disposed of in aforesaid terms. All pending applications, if any, stand disposed. (ANOOP CHITKARA) JUDGE 02.05.2022 sonia arora Whether speaking/reasoned:

Yes Whether reportable:

No. SONIA ARORA 2022.05.02 17:33 I attest to the accuracy and integrity of this document