ORDER :

By an order dated 15th December, 2020, after noticing the conflict of views expressed by two learned Single Judges of this Court, the learned Single Judge referred following question to a larger Bench:

"Whether a criminal petition or an appeal is maintainable against an order of a Special Court or the exclusive Special Court granting or refusing bail?"

This question has been framed in the context of subsection (2) of Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "the SC and ST Act"). We are reframing the questions for consideration as under:

(i) Whether an appeal is maintainable under subsection (2) of Section 14A of the SC an ST Act against an order granting or refusing to grant bail?

(ii) If the answer to the first question is in the affirmative, whether the jurisdiction of the High Court under Section 438 and 439 of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C") is taken away by virtue of sub-section (2) of Section 14A of the SC and ST Act?

2. We have heard the learned counsel appearing for the appellants/accused and the learned SPP appearing for the State on the aforesaid issue.

SUBMISSIONS

3. The l