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Judgment
22 paragraphs · 233 wordsAnoop Chitkara, J
FIR No.
Dated
Police Station
Sections
406
15.04.2022
Shahabad, District Kurukshetra
153A, 505(2) of IPC and 3(u)& (v) of SC/ST Act
Criminal Case no. before trial Court
Bail Application No.627 of 2022
CNR No.HRKU01-003123-2022
Date of decision: 02.05.2022
The petitioner has come up before this Court under Section 438 read with Section 482 Cr.P.C. seeking anticipatory bail.
The petitioner had filed a bail application before the learned Additional Sessions Judge, Kurukshetra which was dismissed on 02.05.2022.
Learned State counsel has opposed the petition on the ground that the same is not maintainable.
As per Section 14 A of the SC/ST Act, an appeal is appropriate remedy against the order of rejection of bail. There is no reason to bypass the statutory remedy. Thus, present petition is not maintainable.
Confronted with this learned counsel for the petitioner wants to withdraw the petition with the liberty to file fresh one and also seek interim protection till the filing of such petition.
The prayer is innocuous.
Given above, the present petition is disposed of as withdrawn with the liberty to file an appeal under Section 14A of SC/ST Act.
There is stay of arrest of the petitioner for one week to file the appropriate legal remedy.
It is clarified that the interim protection shall vacate automatically after the expiry of period of one week.