HC orders stay on BMW car driver’s arrest till Nov 14

Our Correspondent

Dera Bassi, November 8

The Punjab and Haryana High Court stayed the arrest of Innate Aggarwal, a resident of Chandigarh who was booked under Section 3(1)(X) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, for allegedly abusing a Dalit labourer of Gholu Majra village here, till November 14.

The court’s order came on a plea filed by the accused through his counsels Jasjit Singh Bedi and Gurmohan Singh Bedi on November 2. The latter sought Innate’s interim protection considering the fact that the functions of his ring ceremony and marriage were slated for November 2 and 3.

The counsel had sought bail on the grounds that considering Innate’s wedding the next day, it would be a personal disaster for Innate if he was to be arrested now.

The counsel sought anticipatory bail for Innate, claiming that he was falsely implicated in the case where no offence is made out under Sections 3(1)(X) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, as the petitioner was not aware of the caste of the complainant. The counsel further submitted that the allegation that the petitioner took Rs 700 from the complainant, Pardeep Kumar, for repair of the car appeared to be false.

On the other hand, the complainant’s cousel, senior advocate APS Deol with HS Deol, raised a preliminary objection that the petition of the accused was not maintainable under Section 438 of the CrPC as the petitioner did not approach the lower court and straightway came to the High Court.

The state counsel submitted that many cases were pending against the petitioner and his family members, which shows that the family was habitual offender. The state counsel submitted that since the investigating officer in the case was not present, nothing could be said about the cases pending against the petitioner.

After considering the arguments of both the parties, Justice Daya Chaudhary granted interim protection to the petitioner (Innate Aggarwal) till the next date of hearing. In view of the functions of ring ceremony and marriage of the petitioner, his arrest was stayed till November 14.

The case relates to a complaint filed by Pardeep Kumar, a labourer who had alleged that on October 3 when he was going towards Mubarikpur on his bicycle around 1 pm, he was reportedly hit by a BMW car driven by Innate Aggarwal. Pardeep alleged that infuriated over the incident, Innate, who was behind the wheels of the BMW, allegedly thrashed him and hurled abuses using castiest slurs, he added. The accused also took away Rs 700 from his pocket and also the watch he was wearing, the complainant stated in the FIR.