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MANISHA BATRA
Avtar Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Manisha Batra, J.
The instant appeals have filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘the Act, 1989’) by the appellants against the orders dated 02.01.2025, passed by the Court of learned Additional Sessions Judge, Sri Muktsar Sahib, whereby the applications filed by them under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNS S ’) for grant of anticipatory bail in case arising out of FIR No. 176 dated 25.11.2024, registered under Sections 126 (2), 115(2), 191(3), 190, 324(4), 324(5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS ’) and Section 3 of the Act, 1989 at Police Station Kotbhai, District Sri Muktsar Sahib had been dismissed on the ground of non-maintainability of the applications.
2. Brief facts relevant for the purpose of disposal of these appeals are that the aforementioned FIR was registered on the basis of the statement recorded by the complainant/respondent No. 2 Ravi Singh alleging therein that on 23.11.2024, he along with other workers of a political party were marching on foot as well as on tractors to celebrate their victory. At around 06:00 PM, when the
Anticipatory bail may be granted under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act if no prima facie case is established from the allegations, particularly if they lack e....
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.
The bar under S.18 of the Atrocities Act does not impose an absolute prohibition on granting anticipatory bail if no prima facie case is established.
The court established that the SC/ST Act's provisions require explicit references to caste-based insults or humiliation in public view for applicability, and the absence of such references allows for....
The court established that allegations under the SC/ST Act require evidence of public view humiliation, which was not present in this case.
The judgment emphasizes the need to demonstrate intention to humiliate a member of the SC/ST community for the SC/ST Act to apply, and discusses the applicability of anticipatory bail under the Act.
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