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SUMEET GOEL
Arvind – Appellant
Versus
State of Haryana – Respondent
Judgment
Mr. Sumeet Goel, J.
Vide this common order/judgment, afore-mentioned two appeals arising out of the same FIR, in which grant of anticipatory bail herein is sought for, are being disposed of.
2. The afore-mentioned two appeals have been filed under Section 14-A of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 1989 Act’) impugning the order dated 04.12.2023 whereby the plea made by the appellant(s) (herein) for grant of pre-arrest/anticipatory bail in FIR No.381 dated 12.09.2023, under Sections 148, 149, 323, 325, 354-B, 506 of IPC and Section 3(1)(s)/3(2)VA of 1989 Act was declined.
3. The translated version of abovesaid FIR (as stated in the appeal) reads as under:-
“Copy of complaint is as follows: - To, the SHO, P.S. Tehsil Camp., Panipat. Subject: Complaint regarding an attack with intention to kill, against Kala, Arvind Kumar and other 15-20 unknown boys and for taking strict legal action. Sir, it is requested that I, Suman wife of Sh. Ram Kumar, Caste Chamar, am resident of Moti Ram Colony, Noorwala, Panipat. On 08.09.2023 at about 08:30 PM, I had gone to the house of Raj Kumar on the occasion of birthday
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 High Court lacks jurisdiction to grant anticipatory bail under the SC/ST Act when a prima facie case exists, as remedies lie in appealing the Special Court's decision.
The court established that anticipatory bail can be granted in cases under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act if the allegations do not prima facie constitute an o....
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 main legal point established in the judgment is the applicability of Section 18 of the Act of 1989 in barring the application for anticipatory bail under Section 438 of Cr.P.C. in cases involving....
The court clarified that anticipatory bail under the SC/ST Act is maintainable only if a prima facie case is not established or allegations are found to be false, motivated, or malafide.
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