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ANOOP CHITKARA
Sukhdeep Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J. -
| FIR No. | Dated | Police Station | Sections |
| 318 | 06.12.2019 | Lehra, District Sangrur | 452, 354, 323 & 34 IPC (Sections 3 & 4 of SCSTPOA added later on and Sections 452 & 34 IPC deleted) |
1. After dismissal of the application for anticipatory bail by the Sessions Court, filed under section 438 of the Code of Criminal Procedure, 1973 (CrPC), the petitioner apprehending arrest in the FIR captioned above has come up before this Court again under Section 438 CrPC seeking anticipatory bail.
2. As per Section 14-A of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, (SCSTPOA), an appeal would lie against an order of bail.
Given above the present petition is not maintainable.
3. Since the petitioner has chosen the wrong provision of law, the petitioner shall be at liberty to file an appeal under section 14-A of SCSTPOA and to enable the petitioner to do so, and there shall be a stay of arrest for two weeks from today. If the petitioner chooses to file an appeal within the above time, the stay order shall be substituted by the
The court applied the principle that the bar against grant of anticipatory bail in cases of atrocity against SC and ST shall not apply unless a prima facie case is made out, as established in the jud....
An accused under the SC/ST (POA) Act must follow statutory procedures for bail and cannot directly apply to the High Court after prior denials by the Special Court.
The main legal point established in the judgment is that the application for anticipatory bail under the SC ST Act can be entertained if the allegations in the FIR do not prima facie make out the bas....
Anticipatory bail can be granted if no prima facie case is established under the SC/ST Act, as per the ruling in Dr. Subhash Kashinath Mahajan v. State of Maharashtra.
Order granting or rejecting anticipatory bail under provisions of SC/ST Act shall be amenable to appellate jurisdiction of High Court under Section 14A of Act and not Section 438 Cr.P.C.
The exclusive jurisdiction of Special Courts under the SC/ST Act, the primacy of victim and witness rights, and the requirement to ascertain prima facie case for an offence under the Act before consi....
The court ruled that anticipatory bail cannot be granted in cases involving allegations under the SC/ST Act, as per Section 14A, which bars such petitions.
The High Court lacks jurisdiction to grant anticipatory bail under the SC/ST Act, necessitating an appeal against the Special Court's decision if bail is denied.
The court found that allegations under SC/ST (POA) Act were dubious as two accused belonged to the Scheduled Caste, allowing anticipatory bail.
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