Punjab-Haryana High Court
Suresh Hans And Anr vs Devender Kumar And Anr on 15 June, 2015
Author: Rajesh Bindal
Bench: Rajesh Bindal
108 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.19836 of 2015 (O&M)
Date of Decision:15.06.2015
Suresh Hans and another ..... Petitioners
Versus
Devender Kumar and another ..... Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. J. S. Sandhu, Advocate, for the petitioners. RAJESH BINDAL J.
This is a petition under Section 438 read with Section 482 Cr.P.C. seeking pre-arrest bail in a complaint case No.12/15 dated 05.01.2015, wherein the petitioners have been summoned to face trial for offence under Section 3(1)(i)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 323/506/504/341 IPC.
According to counsel for the petitioners, pre-arrest bail application has been rejected by the Additional Sessions Judge, Kurukshetra on the ground that Section 18 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 would operate as a bar. He further submitted that in the case of co-accused in the same complaint, this Court in CRM-M No.17072 of 2015 titled "Girdhari Lal and another Vs. Devender Kumar and another" has granted liberty to the petitioners therein for seeking regular bail after surrendering before the Court and their arrest has been stayed till the decision thereof.
Under the circumstances, this petition is disposed of, while relegating the petitioners to seek remedy of regular bail before the trial court. The petitioners may move an application before the Court below for RITTU bail before 1st July 2015, which shall be decided within a week thereafter. 2015.06.15 16:58 I attest to the accuracy and integrity of this document CRM-M No.19836 of 2015 (O&M) -2-
Arrest of the petitioners shall remain stayed till the decision of the bail application.
(Rajesh Bindal) Judge 15.06.2015 rittu RITTU 2015.06.15 16:58 I attest to the accuracy and integrity of this document