Accused Under SC/ST Act Can't Approach High Court U/S 438 CrPC After Rejection Of Anticipatory Bail By Sessions Court: Punjab & Haryana High Court
An appeal would lie under Section 14-A of SC/ST Act against an order refusing bail.
The Punjab and Haryana High Court has held that once the plea for anticipatory bail under Section 438 CrPC is rejected by the Sessions Court to an accused under the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, the accused cannot invoked High Court's concurrent jurisdiction under the said provision.It held that once such a plea is rejected by the Sessions Court,...
The Punjab and Haryana High Court has held that once the plea for anticipatory bail under Section 438 CrPC is rejected by the Sessions Court to an accused under the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, the accused cannot invoked High Court's concurrent jurisdiction under the said provision.
It held that once such a plea is rejected by the Sessions Court, the remedy would be to prefer an appeal under Section 14-A of the SC/ST Act.
Section 14-A(2) provides: Notwithstanding anything contained in Section 378(3) of CrPC, an appeal shall lie to the High Court against an order of the Special Court or the Exclusive Special Court granting or refusing bail.
The bench comprising Justice Anoop Chikara was dealing with an application for anticipatory bail under Section 438 CrPC moved by an accused whose application for similar relief was dismissed by the Sessions Court.
It observed,
"As per Section 14-A of Scheduled Caste & 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."
It further added that the petitioner has chosen the wrong provision of law, therefore, he shall be at liberty to file an appeal under section 14-A of SC/ST Act. Court further ordered stay of arrest for two weeks to enable the petitioner to file an appeal under relevant provisions of law.
The court further held that the stay order will be substituted by the order passed in bail application if the petitioner files an appeal within the time prescribed. Otherwise, the stay order will automatically stand vacated.
Accordingly, the court disposed off the petition in above terms.
Case Title: Sukhdeep Singh Versus State of Punjab
Citation: 2022 LiveLaw (PH) 170
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