JUDGMENT

K. J. Vaidya, J. - Rule, Mr. P.S. Chapaneri, the learned A.P.P. waives service of the Rule on behalf of the respondent State.

"Whether in cases wherein the accusation in the complaint leveled against any person is to the effect that he has committed an offence punishable under Section 3 of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 (for short" Atrocities Act"), which on prima facie judicial scrutiny is found to be not free from doubt, can then in such cases the accused person be blindly and mechanically denied the benefit of anticipatory bail Order Section 438 of the Criminal Procedure Code, 1973 (for short "the Code") by virtue of the provision contained in Section 18 of the Atrocities Act, merely because he has been so mischievously branded as an accused of having committed an offence under the Atrocities Act?" This is in short the fundamental question of a considerable importance touching upon the applicability and the interpretation of Section 18 of the A trocities. Act vis-a-vis the precious right of the accused under section 438 of the Code to get the anticipatory bail which this Court is incidentally called upon to consider and decide.

2. F