Back
MANISHA BATRA
Sukhwinder Singh – Appellant
Versus
Kamaljit Kaur – Respondent
JUDGMENT :
MANISHA BATRA, J.
1. The instant appeal has been filed by the appellants challenging the order dated 06.11.2023, whereby an application for grant of pre-arrest bail filed by the appellants was dismissed by the Court of learned Additional Sessions Judge, Gurdaspur on the ground that Section 18 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short ‘the SC/ST Act’) created a bar for grant of anticipatory bail.
2. Brief facts of the case relevant for the purpose of disposal of the present appeal are that the respondent had filed a complaint against the present appellants alleging therein that her husband has been allotted a five Marla plot by the Gram Panchayat of the village. The appellant No. 4-Randhir Singh, who has no right, title or interest over the above said plot, along with the other appellants tried to encroach upon the plot owned by her husband in the evening of 24.07.2017 and started ploughing the same with a tractor which was driven by the appellant No. 1. Coming to know about this fact, the respondent along with some other persons who were also allottees of the adjacent plots rushed towards the plot and requested the appellants
The SC/ST Act bars anticipatory bail when prima facie offences are established, emphasizing the protection of individuals from caste-based discrimination.
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.
Pre-arrest bail – In relation to any case involving arrest of a person who is facing accusation about committing offence under SC/ST Act,1989, protection of Section 438, Cr.P.C. would not be availabl....
Section 18 SC/ST Act bars pre-arrest bail if prima facie offence made out; here, caste-motivated confinement, beating of minor scheduled caste victim for touching house constitutes such offence.
Anticipatory bail cannot be granted under the SC/ST (POA) Act if prima facie evidence exists, but prior disputes must be considered to prevent false implications.
The court established that anticipatory bail cannot be granted in cases where prima facie offences under the SC/ST (POA) Act are made out.
The bar under Section 18A of the SC/ST Act does not apply if the complaint fails to establish a prima facie case, allowing for anticipatory bail.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
