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Judgment
51 paragraphs · 879 words “The hearing of the case was held through video conferencing on account of restricted functioning of the Courts.
The petitioners prays for grant of pre-arrest bai in a criminal case arising from FIR No.432 dated 30.08.2019, registered under Section 306/ 34/ 216/
201 IPC and 3(2)V of the Schedule Castes and Schedule Tribes Prevention of Atrocities Act 1989 (subsequently offence under section 420/506 IPC
and 3(1)(a)(s) of the Schedule Castes and Schedule Tribes Prevention of Atrocities Act, 1989 have been added), registered at Police Station
Shahabad, District Kurukshetra.
Notice of Motion, for 18.01.2021.
On the request of this Court, Sh. Samarth Sagar, Additional Advocate General, Haryana, accepts notice on behalf of the State.
Heard learned counsels for the parties In fact, the petitioners have already been granted pre-arrest bail vide order dated 16.11.2019 which reads as
under:-
On 17.10.2019, following order was passed:-
“Petitioners pray for pre-arrest bail in FIR No.432 dated 30.8.2019 registered under Sections 306, 34 IPC (subsequently offence under Section 3(2)
of Scheduled Castes and Schedules Tribes (Prevention of
Atrocities) Act) at Police Station, Shahabad, District Kurukshetra.
Learned counsel for the petitioners contends that late Raman had committed suicide and from the reading of the suicide note case against the
petitioners is not made out. As per the allegations of the prosecution due to non-payment of salary by Advocate Kamal Sharma, late Sh. Raman is
alleged to have committed suicide.
Notice of motion.
On the asking of Court, Mr. Manish Bansal, DAG, Haryana who is present in Court accepts notice on behalf of the State of Haryana and prays for
time to seek instructions.
Mr. A.K.Kansal, Advocate has put in appearance on behalf of first informant.
Let a copy of the petition be supplied to the learned counsel for the parties during the course of the day.
Adjourned to 16.11.2019.
In the meantime, in the event of arrest, the petitioners shall be released on interim bail subject to furnishing personal bonds and surety to the
satisfaction of Arresting/Investigating Officer. However, the petitioners shall join the investigation as and when called upon to do so and shall abide by
the conditions as provided under Section 438(2) Cr.P.C. Learned State counsel, on instructions from the Investigating Officer, who is present in Court,
has submitted that the petitioners in this case have joined the investigation, cooperated and are not required for further custodial interrogation.
In view thereof, interim order dated 17.10.2019 passed by this Court is made absolute.
Accordingly, the present petition is allowed.â€
On completion of the investigation, the challan (the final report under Section 173 Cr.P.C) has already been filed.
The learned Sub Divisional Judicial Magistrate, Shahbad, vide order dated 23.11.2019 released the petitioners on regular bail which reads as under:-
Challan presented today. It be checked and registered. Along with the challan accused above named have also produced before the court. Regular
bail application moved on behalf of the above named persons. Certified copy of order dated 16.11.2019 passed by the Honble High Court has also
been received vide which the interim bail already granted by the Honble High Court vide order dated 17.10.2019 has been made absolute vide order
dated 16.l1.20l9. Heard. Keeping in View the fact that the challan has been presentred in the court and interim bail granted to the accused persons
vide order dated 17.10.2019 has been made absolute vide order dated 16.11.2019, above named accused persons are granted regular bail on their
furnishing bail bonds in the sum of Rs 1,00,000/- each with one surety in the like amount. Requisite bail bonds furnished, accepted and attested. Now
to come up on 7.12.2019 the date already fixed.â€
However, it appears that subsequently offences under the Schedule Castes and Schedule Tribes Prevention of Atrocities Act, 1989 and Section
420/506 IPC have been added, giving rise to the apprehension that the petitioners may be arrested.
The petitioners filed an application before the learned Additional Sessions Judge, Kurukshetra which has been ordered to be dismissed, on 10.12.2020.
In view of the facts and circumstances of the present case and more particularly the orders passed by this order on 16.11.2019 as also the order dated
23.11.2019 passed by the trial court, there is no ground to grant another opportunity to the prosecuting agency to carry out any further interrogation.
The bar under Section 18 of the Schedule Castes and Schedule Tribes Prevention of Atrocities Act, 1989 is not absolute. In the appropriate cases the
court is entitled to examine the case and grant relief. Reference in this regard can be made to para 79.2 of the judgment in Dr Subhash Kashinath
Mahajan versus State of Maharashtra and another, 2018(6) SCC 454 which has never been over ruled in the subsequent judgments.
In view thereof, the present petition is allowed. The petitioners shall be deemed to have granted bail in FIR No.432 dated 30.08.2019, registered under
Section 306/ 34/ 216/ 201 IPC and 3(2)V of the Schedule Castes and Schedule Tribes Prevention of Atrocities Act 1989 (subsequently offence under
section 420/506 IPC and 3(1)(a)(s) of the Schedule Castes and Schedule Tribes Prevention of Atrocities Act, 1989 have been added), registered at
Police Station Shahabad, District Kurukshetra.â€
In view of the aforesaid order, no further order is required to be passed.
The present petition is disposed of.