MANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is seeking anticipatory bail in relation to complaint case filed under Section 3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which is pending in the Court of Illaqa Judicial Magistrate, P.S. Division No.5, Ludhiana, and is scheduled to be heard now on 25.04.2013.

(2.) Learned counsel for the petitioner contends that the case has been framed against the petitioner, only because the petitioner earlier stood as defence witness in a case, filed by the sister of the complainant, and as a result of his testimony the said case had been dismissed.

(3.) In view of the fact that the case instituted against the petitioner is under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, under Section 18 of which pre-arrest bail is prohibited, and since it is a complaint case and the trial court is already seized of the matter, the most effective remedy would be for the petitioner to apply for bail before the court concerned. In case an application is moved, it would be heard and decided by the trial court on the same day.