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2021 Supreme(Chh) 202

RAJENDRA CHANDRA SINGH SAMANT
Ashish Bansal a. k. a. Golu, S/o. Govindram – Appellant
Versus
State of Chhattisgarh, Through Station House Officer, Police Station Sakti District-Janjgir, Champa (C. G. ) – Respondent


Advocates Appeared:
For the Applicants :Ms. K. Tripti Rao, Advocate with Mr. Chandradeep Prasad, Advocate, Mr. Jitendra Shrivastava, Advocate with Mr. Hariom Rai, Advocate, Mr. Sanjay Agrawal, Advocate with with Mr. Mohit Kumar, Advocate.
For the Respondent: Mr. Devendra Pratap Singh, Dy. A.G.

ORDER :

1. State counsel appearing for the respondent has raised a question regarding maintainability of the bail application filed under Section 439 of Cr.P.C.

2. The offences have been registered against the applicants in all three cases under Protection of Children from Sexual Offences Act, 2012 (in short 'the Act, 2012') and also under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'the Act, 1989').

3. As regards the Act, 2012, the provision under Criminal Procedure Code are applicable, therefore, application under Section 439 of the Cr.P.C. can be filed before High Court, however, different procedure has been provided under Section 14-A of the Act, 1989, which is as follows :-

    Section 14-A. Appeals.–(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an appeal shall lie, from any judgment, sentence or order, not being an interlocutory order, of a Special Court or an Exclusive Special Court, to the High Court both on facts and on law.

(2) Notwithstanding anything contained in sub-section (3) of section 378 of the Code of Criminal Procedure, 1973 (2 of 1974), an appeal shall lie to the High Court agains

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