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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Jagtar Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Manisha Batra, J.
The instant appeal has been filed under Section 14-A of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST Act') by the appellant challenging the order dated 02.08.2025 passed by the Court of learned Additional Sessions Judge, Ludhiana in case arising out of FIR No.134 dated 26.07.2025 registered under Sections 351(1) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Section 3(1)(r) and 3(1)(s) of SC/ST Act at Police Station Machhiwara, District Khanna, whereby an application for grant of pre arrest bail as filed by the appellant, had been dismissed.
2. Brief facts relevant for the purpose of disposal of this appeal are that the aforementioned FIR was registered on the basis of complaint lodged by the complainant Ranjit Kaur alleging that she had a dispute with Anma Singh son of Gurmail Singh. The matter had been brought to the notice of the village Sarpanch. The accused Ranjit Singh had provoked the appellant, who is husband of the Village Sarpanch Karnail Kaur against the complainant and the appellant despite having no authority convened a panchayat in the village wherein the complainant had been call
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 SC/ST Act bars anticipatory bail when prima facie offences are established, emphasizing the protection of individuals from caste-based discrimination.
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....
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....
The court established that allegations under the SC/ST Act require evidence of public view humiliation, which was not present in this case.
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.
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