SUKHDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) After dismissal of the application for anticipatory bail by the Sessions Court, filed under sec. 438 of the Code of Criminal Procedure, 1973 (CrPC), the petitioner apprehending arrest in the FIR captioned above has come up before this Court again under Sec. 438 CrPC seeking anticipatory bail.

(2.) As per Sec. 14-A of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (SCSTPOA), an appeal would lie against an order of bail. Given above the present petition is not maintainable.

(3.) Since the petitioner has chosen the wrong provision of law, the petitioner shall be at liberty to file an appeal under sec. 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. 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.