Punjab-Haryana High Court

Paramjit Singh Alias Param Walia vs State Of Punjab And Another on 19 November, 2025

CRA-  3001-2025
CRA-S-3001-
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        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH

                              CRA-  3001-2025
                              CRA-S-3001-

Paramjit Singh alias Param Walia
                                                                      ....Appellant
                                                                          Appellant
                                      versus
State of Punjab and another
                                                                   ....Respondentss
Date of decision: November 19,
                           19, 2025
Date of Uploading: November 19, 2025

CORAM:      HON'BLE MR. JUSTICE SUMEET GOEL

Present:
Present     Mr. Aayush Gupta,, Advocate for the appellant.

            Mr. Jaypreet Singh, DAG Punjab.

        Mr. Sukhjit Singh, Advocate for respondent No.2.
                             *****
SUMEET GOEL,
       GOEL, J. (ORAL)

Present appeal has been filed under Section 14 of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 for grant

of concession of anticipatory bail to the appellant in case FIR No.16 dated

07.09.2025,, registered for offences punishable under Section Sectionss 356(2) of

BNS, 67 of IT Act and Section 3 of the Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities Act), 1989 (for short 'SC/ST Act'), at Police

Station Cyber Crime PS Khanna, District Ludhiana.

2. On 29.09.2025, the he following order was passed:

"Apprehending his arrest in FIR No.0016 dated 07.09.2025 registered for offences punishable under Section 356(2) of BNS 2023, Section 67 of the Information Technology Act, 2000 and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, at Police Station Cyber Crime, Police District Khanna, District Ludhiana; the appellant has preferred the present appeal under Section 14 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

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Act, 1989, challenging the order dated 16.09.2025 passed by learned Additional Sessions Judge, Ludhiana.

Counsel for the appellant, inter alia, contends that the appellant has been falsely implicated into the FIR in question on account of his political rivalry with the complainant, the term "chhota bartan" refers to a situation where the complainant has received more than what was due to him and the same cannot be said to be casteist one, the word "accidental president"

is on similar connotation and does not relate to any caste related issue, the appellant has disclosed his complete antecedents by way of CRM-39563- 2025 & the appellant is willing to join investigation and cooperate therein. In order to buttress his arguments, learned counsel for the appellant has relied upon the dicta of the judgment of this Court in Arvind Vs. State of Haryana and another, 2024(2) Law Herald 970, relevant whereof reads thus:

"9.3. As an epilogue to above discussion, the following principles emerge:

(I) A plea for grant of anticipatory bail/pre-arrest bail filed under Section 438 of Cr.P.C., 1973 is maintainable in respect of offence(s) alleged to have been committed under the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(II) Such a plea can be granted only when judicial scrutiny of the factual matrix of such case reflects that;

insofar as allegations pertaining to offence(s) under the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 are concerned; "No prima facie case is made out" or "the case is prima facie false" or "the case is motivated" or "the case is malafide "or where "non- granting of such plea would cause miscarriage of justice or abuse of process of law". It is neither fathomable nor pragmatic to lay down any exhaustive/conclusive parameters as to what would be the touch-stone to determine these aspects in a given case as every case has its own peculiar factual matrix. (III) A Special Court [a Sessions Court which has been duly notified as per Section 14(1) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989]/ an exclusive Special Court [duly established as per Section 14 the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989] is competent to adjudicate upon a plea for grant of anticipatory bail filed under Section 438 of Cr.P.C, 1973 in respect of offence(s) committed under the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989. Such Special Court/exclusive Special Court ought not to decline such a plea solely on the ground of such a plea not being maintainable in terms of statutory provisions contained in Section 18/18(A) of the Act and is rather required to delve into the merits thereof in accordance with law. While exercising its discretion, such Special Court/exclusive Special Court ought to consider the parameters enumerated hereinabove with respect to the accusations pertaining to 1989 Act."

Notice of motion.

On the strength of advance notice; Mr. Amit Kumar Goyal, Addl. AG, Punjab has entered appearance on behalf of the respondent-State of Punjab.

At this stage; Mr. Sukhjit Singh, Advocate has entered appearance on behalf of respondent No.2.

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Adjourned to 04.11.2025.

Respondents are at liberty to file reply. The appellant is directed to appear before the Investigating Officer on 08.10.2025 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the appellant shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the appellant shall join the investigation. He shall abide by the condition(s) enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023."

2.1. Thereafter, on 04.11.2025, following order was passed:

"Learned State counsel submits that the petitioner has joined the investigation, however, he is required to join further.

The petitioner is directed to join the investigation with the concerned investigating officer in the concerned police station at 11:00 am on 07.11.2025 and continue to rejoin the investigation as and when called for by the investigating officer.