High Court of Punjab and HaryanaCRM-M/7849/2015allowed

Kashmir Singh @ Gotti And Others v. State Of Punjab And Another

2015-08-11Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Criminal Misc. No. M-7849 of 2015 (O&M) Date of decision : August 11, 2015 Kashmir Singh @ Gotti and others ....Petitioners versus State of Punjab and others ....Respondents Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Mr. SS Grewal, Advocate, for the petitioner Mr. MS Uppal, Advocate, for respondent nos. 2 to 4 Fateh Deep Singh, J. (Oral) CRM-14295 of 2015 Amended memo of parties is taken on record.

Crl. Misc. application stands disposed of.

Criminal Misc. No. M-7849 of 2015 It is contended that the petitioners have since appeared before the trial court which is not refuted by counsel for respondents no. 2 to 4. However, he has opposed the grant of bail citing Shakuntla Devi vs Baljinder Singh, 2013 (2) RCR (Crl.) 882 that provisions of section 438 Cr.P.C. are not applicable under the SC & ST (Prevention of Atrocities), Act, 1989.

Keeping in view the extra ordinary circumstances and the fact that it is a complaint case and culpability, if any, shall be decided at the time of trial, the present petition is allowed and interim order dated 12.3.2015 is affirmed.

( Fateh Deep Singh ) August 11, 2015 Judge 'tiwana'

DALBIR SINGH TIWANA 2015.08.12 10:15 I attest to the accuracy and authenticity of this document High Court, Chandigarh