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JUDGMENT :
Y.G. KHOBRAGADE, J.
1. Heard Mr. Warma, the learned counsel for the appellants, Mr. Chate, the learned APP for respondent Nos. 1 and 2 and Mr. Mahajan, the learned counsel for respondent No.3 / informant.
2. By the present appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the appellants/accused takes exception to the order dated 10.12.2025, passed by the learned Special Judge, Amalner. By the impugned order, the learned Special Judge, Amalner declined to enlarge the appellants/accused on anticipatory bail in connection with Crime No.494 of 2025, registered with Amalner Police Station, District Jalgaon, on 25.11.2025, for the offence punishable under Sections 309(4), 115(2), 296, 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita and under Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. Having regard to submissions canvassed on behalf of the respective parties, I have gone through the record. It is a matter of record that, on 25.11.2025, respondent No.3 / informant lodged an oral r
The court ruled that allegations of caste-based abuse must occur in public view to invoke the bar on anticipatory bail under the Atrocities Act, which was not established in this case.
Point of law : Even if the bare reading of the FIR/ complaint indicates that prima facie provisions of the Act are not found to be attracted, then harmonious construction of Section 438 of the Code o....
A complaint must allege that offenses were based on caste discrimination to invoke protections under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The court affirmed that references to repealed penal provisions must be interpreted as references to their re-enacted counterparts, ensuring the applicability of the SC/ST Act.
Bar will not apply where the complaint does not make out “a prima facie case” for the applicability of the provisions of the Act. A statutory exclusion of the right to access remedies for bail is con....
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