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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Sourabh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Manisha Batra, J.
The present appeal has been filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act, 1989') by the appellant against the order dated 06.02.2024 passed by the learned Additional Sessions Judge, Special Court, Kaithal, whereby an application filed by him under Section 438 Cr.P.C. for grant of anticipatory bail in case arising out of FIR No. 252 dated 05.12.2023, registered under Sections 323, 325, 341, 506, 34 of IPC and Sections 3(l)(r), 3(l)(s) and 3(2)(va) of the Act, 1989 at Police Station Dhand, Kaithal, had been dismissed on the ground of non-maintainability of the application.
2. Brief facts relevant for the purpose of disposal of this appeal are that the aforementioned FIR was registered on the basis of the statement recorded by complainant Roshan alleging therein that he was having inimical relations with one Kala son of Mahavir, who was a native of his own village. On 03.12.2023, he was going from his house for doing labour work at the farm of village sarpanch and when he was crossing a road, the present appellant along with co-accused Kala, Krishna and Hariram were standing on
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 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....
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