(1.) THIS is a petition for grant of anticipatory bail in terms of Section 438 of the Code of Criminal Procedure.
(2.) LEARNED counsel for the petitioner has contended that in the challan filed on 3.10.1994 (Annexure P-2), the petitioner was found innocent. It was observed by the Inspector, SHO, Police Station Sadar, Phagwara that on 15.2.1994 i.e. on the day of occurrence at night, the petitioners Devinder Pal Singh and others had not demolished the houses of the Harijans nor they dug out any plinth at the spot. Besides, no one was armed with deadly weapons and no one had uttered the offending words. It was also observed that nobody had removed any bricks from the spot and there was no crop or tree that had been planted. It is also contended that in the charge-sheet framed on 10.2.1995 (Annexure P-3), the petitioner has not been charged for the offence under the provisions of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. However, it is submitted that against the charge-sheet dated 10.2.1995 (Annexure P-3) the complainant filed a Crl. Revision Petition No. 335 of 1995 in this Court in which the charge-sheet dated 10.2.1995 (Annexure P-3) was set aside by this Court on 1.11.2002 (Annexure P-9). It is observed in the order dated 1.11.2002 (Annexure P-9) passed by this Court that offence under Section 3(i)(v) of the Act was prima facie disclosed.
(3.) HOWEVER , keeping in view the fact that the case is an old one and the FIR was registered on 12.3.1994 and almost ten years have lapsed, it would be in the interest of justice that the regular bail application of the petitioner is considered by the learned trial Court. Besides in the light of the observations of the Supreme Court in K.L. Verma v. State and another, 1997(1) RCR(Crl.) 493 (SC) : 1998(9) SCC 348, the arrest of the petitioner shall remain stayed till the bail application is considered and disposed of by the trial Court and in case the bail application is declined, arrest of the petitioner shall remain stayed for two weeks to enable him to approach this Court. Order accordingly.