High Court of Punjab and Haryana, Chandigarh
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Sham Singh v. State of Punjab & Anr - CRM-71118-M-2005  RD-P&H 1902 (22 March 2006)
CRIMINAL MISC. NO. 71118-M OF 2005 (O&M) DATE OF DECISION: March 27, 2006.
State of Punjab and another
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
PRESENT: Mr. SPS Sidhu, Advocate, for the petitioner.
Mr. Narender Kapoor, AAG, Punjab;
Mr. S.K.Arora, Advocate, for the complainant ORDER:
Petitioner is an accused in a complaint filed by respondent No. 2, under Section 3 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. When summoned, the petitioner along with other accused, moved an application under Section 482 Cr.P.C. with a prayer to quash that complaint and summoning order.
While disposing of Cr. Misc. No. 39998-M of 2001, this Court, vide order dated October 5, 2005, opined that prima facie a case was made out against the petitioner and his co-accused for violating the provisions of Section 3(2) of the above said Act. In view of finding given by this Court in order, referred to above, by taking note of the provisions of Section 18 of the said Act, anticipatory bail cannot be granted in favour of the petitioner. Dismissed. However, it is made clear that in case the petitioner surrenders before the trial Court and moves an application for regular bail, trial Court shall decide the same within two days positively.
March 27, 2006. ( Jasbir Singh )
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