JAGTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14-A of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST Act') by the appellant challenging the order dated 02. 08.2025 passed by the Court of learned Additional Sessions Judge, Ludhiana in case arising out of FIR No.134 dtd. 26/7/2025 registered under Ss. 351(1) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Sec. 3(1)(r) and 3(1)(s) of SC/ST Act at Police Station Machhiwara, District Khanna, whereby an application for grant of pre arrest bail as filed by the appellant, had been dismissed.

(2.) Brief facts relevant for the purpose of disposal of this appeal are that the aforementioned FIR was registered on the basis of complaint lodged by the complainant Ranjit Kaur alleging that she had a dispute with Anma Singh son of Gurmail Singh. The matter had been brought to the notice of the village Sarpanch. The accused Ranjit Singh had provoked the appellant, who is husband of the Village Sarpanch Karnail Kaur against the complainant and the appellant despite having no authority convened a panchayat in the village wherein the complainant had been called. In the said panchayat gathering, the appellant and the co-accused Ranjit Singh used words relating to the caste of the complainant who belongs to Scheduled Caste category and misbehaved with her. She further recorded that there were strained relations between her family and the families of the appellant and the co-accused. Her mother was previously Sarpanch of the village. The complainant had filed a case against the appellant and co-accused and complaint against her family had also been filed by them. She had even been got arrested in one of such complaints. By alleging that her family and herself were fearing danger for their lives and properties at the hands of the appellant and the co-accused, she prayed for taking action. After registration of FIR, investigation proceedings have been initiated and are underway. Apprehending his arrest, the appellant moved an application for grant of pre arrest bail which has been dismissed by the Court of learned Additional Sessions Judge, Ludhiana vide order dtd. 2/8/2025.

(3.) It is argued by learned counsel for the appellant that the impugned order is not sustainable in the eyes of law as while passing the same, the learned Additional Sessions Judge ignored the fact that the allegations levelled in the FIR even if believed to be correct do not make out even a prima facie case for commission of offence punishable under the provisions of SC&ST Act and as such the bar under Sec. 18 of the SC/ST Act was not at all applicable. The allegations as levelled in the FIR are totally vague. The exact words which had been exactly spoken by the appellant against the respondent No.2-complainant have not been mentioned in the FIR. The appellant is ready to join the investigation. His custodial interrogation is not required nor any recovery is to be effected from him. As such, it is a fit case for grant of pre arrest bail to the appellant. With these broad submissions, it is urged that the impugned order is liable to be set aside, the appeal deserves to be accepted and the appellant deserves to be extended benefit of pre arrest bail.