The Punjab and Haryana High Court has held that once Sessions Court dismisses anticipatory bail plea under Section 438 CrPC, the High Court's discretionary power under the same cannot be invoked.
The single-judge bench of Justice Anoop Chikara while dealing with bail petition of an accused charged under Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 observed that upon rejection by the Sessions Court, remedy is appeal rather knocking High Court's door with similar petition.
Dismissing the petition, the Court observed:
"Since the petitioner has chosen the wrong provision of law, the petitioner shall be at liberty to file an appeal under section 14-A of SCSTPOA and to enable the petitioner to do so, and there shall be a stay of arrest for two weeks from today. If the petitioner chooses to file an appeal within the above time, the stay order shall be substituted by the order passed in such a bail application. However, if the petitioner does not file a bail within the period described above."
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(With input from news agency language)
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