In CRM-M-27873-2022 – PUNJ HC – P&H HC: Application u/s 438 CrPC for grant of anticipatory bail to SC/ST Act accused, filed before HC after dismissal of similar application before Sessions Court is not maintainable as Sec 14-A of SC/ST Act provides remedy of appeal against bail order Justice Anoop Chitkara [01-07-2022]

Read Order: Sukhdeep Singh v. State of Punjab

Monika Rahar

Chandigarh, July 2, 2022: While dealing with an anticipatory bail application by the petitioner, whose application for a similar relief before the Sessions Court was dismissed, the High Court of Punjab and Haryana has held that the present application was not maintainable as the FIR in the instant case alleged the commission of offences under Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act), and Section 14-A of the said Act provides the remedy of an appeal against an order of bail.

The Bench of Justice Anoop Chatkara further held,

“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 two weeks from today.”

In this case, after the dismissal of the petitioner’s application for anticipatory bail by the Sessions Court, filed under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.), the petitioner came up before the High Court again under Section 438 CrPC seeking anticipatory bail in respect of an FIR registered against him under Sections 452, 354, 323 & 34 IPC (Sections 3 & 4 of SC/ST Act added later on and Sections 452 & 34 IPC deleted).

After considering the factual situation, the Court opined at the very outset that as per Section 14-A of the SC/ST Act, an appeal would lie against an order of bail, and thus, the Court was of the view that given above, the present petition was not maintainable.

Further, Justice Chitkara added that since the petitioner opted for the wrong provision of law, the petitioner shall be at liberty to file an appeal under Section 14-A of the SC/ST Act and to enable the petitioner to do so, the Court held that there shall be a stay of arrest for two weeks.

“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”, opined the Bench.