'Attack Was In Spur Of Moment': Chandigarh Court Grants Bail To Former President Of Punjab & Haryana HC Bar Arrested For Assaulting Lawyer

A Chandigarh Court has granted bail to the former President of Punjab & Haryana High Court Bar Association Vikas Malik, arrested for allegedly assaulting a lawyer in the High Court premises and passing casteist remarks.

Additional Sessions Judge Dr. Harpreet Kaur opined, "As per the FIR, the alleged attack upon the complainant took place in the spur of the moment and cannot prima facie be said to be premeditated. It would be a matter of trial as to whether the alleged injuries inflicted upon the complainant were given with an intention to kill or not or whether the offence under SC/ST Act is made out against the applicant-accused."

Malik was arrested on July 12 and has been in custody since. "The presentation of challan and thereafter conclusion of trial will take considerable time. Therefore, no useful purpose would be served by keeping the applicant-accused in custody," the judge added.

According to the FIR, Malik along with other accused persons inflicted injuries upon a lawyer with the intention to kill and passed derogatory caste specific remarks.

The FIR was registered under Section 191(2), 190, 126(2), 115(2), 351(2), 351(3) BNS, 2023. After initial enquiry, offences under Section 109, 299 of BNS, 2023 and Section 3(1)R, 3(1)S of Schedule Caste and Schedule Tribes Prevention of Atrocities Act, 1989 were also added.

The counsel appearing for Malik argued that the FIR has been lodged because of group rivalry, on the behest of lawyers who opposed his election as High Court Bar President.

After examining the submissions, the Court noted that as per the medical record, the alleged victim suffered simple injuries and Malik is in custody since a month.

Consequently, the plea was allowed subject to furnishing bail bond of Rs. 1 lakh and one surety.

Malik's license was also suspended by the State Bar Council for allegedly removing the DVR of CCTV cameras installed at the HCBA office. However, the decision was recently stayed by the Bar Council of India (BCI).

Terminder Singh, Advocate for applicant-accused.

J.P. Singh, Additional PP for the State assisted by Sh. Davinder Singh, counsel for complainant.

Title: Vikas Malik v. State of UT Chandigarh