JAZBAAT NAAGAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Aggrieved by the grant of pre-arrest bail granted to the accused 2nd Respondent by the Additional Sessions Judge, Hisar, under Sec. 438 CrPC, 1973, for the offences including under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, [SCSTPOA], the victim has come up before this court under Sec. 439(2) of CrPC, by filing an appeal under sec. 14-A of SCSTPOA, seeking cancellation of the bail.

(2.) The facts and allegations are being taken from the reply filed by the State, which reads as follows:

(3.) Appellant's counsel argued that wrong penal of provision was added by the investigator and even the court granted the bail considering the wrong provisions, as such on this ground alone the bail has to be cancelled and the matter has to be remanded back.