The Punjab and Haryana High Court on Wednesday granted anticipatory bail to Shamsher Singh Dahiya, superintendent of Hisar Central Jail, and four constables posted in Hisar jail in a case where allegations of taking bribe from prisoners, voluntarily causing hurt to them and also under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) had been levelled by jail inmates against them.
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The bail was given by a vacation bench headed by Justice Harinder Singh Sidhu while issuing notice to the Haryana government to file its reply by February 2.
Dahiya and four constables had moved HC, challenging the order of Hisar Additional District and Sessions Judge on December 21 last year which upheld the order of Judicial Magistrate First Class (JMIC), Hisar, to summon them in the case.
Counsel for Dahiya and other petitioners, Manjeet Singh, submitted that the court of JMIC does not have the power to take cognisance of the offence under the Prevention of Corruption Act and the Scheduled Caste and Scheduled Tribes (Prevention fo Atrocities) Act and thus JMIC cannot summon them. It was submitted that the complainants in the case were hard-core criminals, lodged in Hisar Central Jail and numerous criminal cases were pending against them.
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