Dharam Pal And Others v. State Of Haryana

114 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-S-2807-2023 Date of Decision: October 03, 2023 Dharam Pal and others ... Appellants

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Randeep Singh, Advocate for the appellants. DEEPAK GUPTA , J.(Oral) Prayer of the four appellants seeking anticipatory bail in case FIR No.730, dated 22.07.2023, under Sections 147, 149, 323, 506 of IPC and Section 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 {for short 'the SC & ST Act'), has been rejected by the Court of learned Addl. Sessions Judge, Karnal, vide order dated 21.09.2023, against which the present appeal has been filed. It is contended by learned counsel for the appellants that the attribution qua use of casteist words against the complainant is only against co-accused Balwinder at about 6.30 p.m. on 21.07.2023. The only allegation against the appellants are that in the night time on the same day, they had attacked the house of the complainant. Notice of motion.

Mr. Parveen Kumar Aggarwal, DAG, Haryana accepts notice on behalf of the respondent-State.

Learned State counsel does not dispute the aforesaid fact that the attribution qua the offence under the SC & ST Act is to co-accused Balwinder.

SARITA RANI 2023.10.02 17:48 I attest to the accuracy and integrity of this document/order

CRA-S-2807-2023 - 2 - In the aforesaid circumstances, the present appeal is allowed. The appellants are directed to join investigation and cooperate in the same. They will not leave the country without prior permission of the Court nor shall make any attempt to contact the complainant of the case or any witness associated with the case. They are ordered to be released on anticipatory bail on their furnishing personal/surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. They shall also abide by conditions as envisaged under Section 438(2) Cr.P.C.

October 03, 2023 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable:

Yes/No SARITA RANI 2023.10.02 17:48 I attest to the accuracy and integrity of this document/order