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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Om Parkash – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Manisha Batra, J. (Oral)
The instant appeal has been filed under Section 14 of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST Act, 1989') against the order dated 03.06.2023 passed by learned Additional Sessions Judge, Ambala whereby an application filed by the present appellant for grant of anticipatory bail had been dismissed.
2. Brief facts of the case relevant for the purpose of disposal of this appeal are that the FIR in this case was registered on the basis of a written complaint filed by the complainant-Kanchan alleging therein that she was married with the accused Rinku on 31.08.2017. On 20.01.2022, she had filed a complaint against her husband, mother-in-law and father-in-law i.e. the present appellant Om Parkash before the police but the same was got filed by her in-laws. A case under Section 13-B of Hindu Marriage Act, 1955 was filed seeking divorce by way of mutual consent. The statement of her husband and herself during first motion had also been recorded and her in laws had returned her dowry articles and an amount of '1,00,000/- was agreed to be paid to her out of which a sum of Rs. 50,000/- was paid. She alle
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 court established that allegations under the SC/ST Act require evidence of public view humiliation, which was not present in this case.
While considering any application seeking pre-arrest bail, High Court has to balance two interests: i.e. that the power is not so used as to convert jurisdiction into that under Section 438 of Crimin....
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.
The SC/ST Act bars anticipatory bail when prima facie offences are established, emphasizing the protection of individuals from caste-based discrimination.
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