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IN THE HIGH COURT OF ALLAHABAD
HARSH KUMAR, J.
Satyendra & Another & Ors. - Petitioners
Versus
State Of U.P. & Ors. - Respondents
Criminal Misc. Bail Application No., 38755, 38324, 38812 OF 2017, Criminal Appeal Defective No., 785 of 2017
Decided On : 21-12-2017
SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 - SECTIONS 14-A, 15-A - INTERPRETATION - APPLICABILITY - OFFENCES COMMITTED PRIOR TO AMENDMENT - RIGHT TO APPEAL - LIMITATION - REVIVAL OF GENERAL BAIL PROVISIONS UNDER SECTION 439 CR.P.C. - HELD, PROVISIONS OF SECTION 14-A ARE UNAMBIGUOUS AND DO NOT REQUIRE INTERPRETATION - PROVISIONS ARE PROSPECTIVE AND NOT RETROSPECTIVE - NO RIGHT TO SEEK BAIL UNDER SECTION 439 CR.P.C. AFTER EXPIRY OF 180 DAYS FROM DATE OF ORDER - PROVISIONS DO NOT RENDER ACCUSED REMEDILESS - FRESH BAIL APPLICATION CAN BE MOVED BEFORE SPECIAL COURT OR EXCLUSIVE SPECIAL COURT.
Fact of the Case:
Four cases involving bail applications and criminal appeals related to offences under various sections of the Indian Penal Code (IPC) read with offences under various sections of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (S.C./S.T. Act). The cases raised questions regarding the interpretation and applicability of newly inserted provisions of Sections 14-A and 15-A of the S.C./S.T. Act, which provide for an appeal against orders granting or refusing bail by Special Courts under the Act. The main issue was whether the provisions applied to offences committed prior to the amendment and whether the right to seek bail under general provisions of Section 439 of the Code of Criminal Procedure (Cr.P.C.) revived after the expiry of 180 days from the date of the impugned order.
Finding of the Court:
The Court held that the provisions of Sections 14-A and 15-A of the S.C./S.T. Act are unambiguous and do not require interpretation. The provisions are prospective and not retrospective, meaning they apply to offences committed after the amendment came into force on 26.1.2016. The Court clarified that there is no right to seek bail under Section 439 Cr.P.C. after the expiry of 180 days from the date of the order. However, the provisions do not render the accused remediless as they can move a fresh bail application before the Special Court or Exclusive Special Court, and in case of rejection, they have a fresh right of appeal under Section 14A of the Act.
Issues: 1. Applicability of Sections 14-A and 15-A of the S.C./S.T. Act to offences committed prior to the amendment. 2. Whether the right to seek bail under Section 439 Cr.P.C. revives after the expiry of 180 days from the date of the impugned order.
Ratio Decidendi: 1. The provisions of Sections 14-A and 15-A of the S.C./S.T. Act are unambiguous and do not require interpretation. 2. The provisions are prospective and not retrospective, meaning they apply to offences committed after the amendment came into force on 26.1.2016. 3. There is no right to seek bail under Section 439 Cr.P.C. after the expiry of 180 days from the date of the order. 4. The provisions do not render the accused remediless as they can move a fresh bail application before the Special Court or Exclusive Special Court, and in case of rejection, they have a fresh right of appeal under Section 14A of the Act.
Final Decision: The Court answered the questions referred to it by holding that the provisions of Sections 14-A and 15-A of the S.C./S.T. Act are unambiguous and do not require interpretation. The provisions are prospective and not retrospective, meaning they apply to offences committed after the amendment came into force on 26.1.2016. The Court clarified that there is no right to seek bail under Section 439 Cr.P.C. after the expiry of 180 days from the date of the order. However, the provisions do not render the accused remediless as they can move a fresh bail application before the Special Court or Exclusive Special Court, and in case of rejection, they have a fresh right of appeal under Section 14A of the Act.
1. All the above bail applications and criminal appeal (defective) relate to the offences under various sections of I.P.C. read with offences under various sections of Scheduled Castes/Scheduled Tribes Prevention of Atrocities Act 1989 (hereinafter referred as “S.C./S.T. Act”) having been moved/filed upon rejection of bail applications by the Special Courts under (S.C./S.T. Act). Undisputedly, by Amendment Act No.1 of 2016, provisions of Sections 14-A and 15-A etc. were added/inserted in the S.C./S.T Act which came into force w.e.f. 26.01.2016, which provide that against every order passed by the Special Judge under S.C./S.T. Act granting or refusing bail, an appeal shall lie before this Court.
2. Before coming to the main question under consideration. The brief facts of the four cases mentioned above are necessary to be mentioned as follows.
(i) Criminal Misc. Bail Application No.38755 of 2017 relates to an incident dated 22.1.2016 regarding which F.I.R. was lodged on 24.1.2016 for the offences under sections 376(d) 504, 506 IPC and 3 (2) (v) S.C./S.T. Act, wherein bail application of applicants was rejected vide order dated 14.7.2017 and the accused persons/applicants, feeling aggrieved filed Criminal Appeal No.4173 of 2017 under section 14 A (2) of S.C./S.T. Act in August, 2017. The Single Judge Bench of this Court, considering the fact that incident has taken place on 22.1.2016, prior to enforcement of newly inserted provisions of appeal under section 14 A (2) of S.C./S.T. Act, vide its order dated 22.9.2017, held the appeal not maintainable and in exercise of powers under section 482 Cr.P.C. ordered to treat it as bail application under section 439 Cr.P.C., in view of judgment passed by it on 25.8.2017 in the case of Janardan Pandey Vs. State of U.P. in Criminal Appeal No.2943 of 2017.
(ii) Criminal Misc. Bail Application No.38324 of 2017 relates to an offence dated 11.6.2016 in which F.I.R. was lodged on 14.6.2016 for the offences under sections 363, 366, 506 and 376 IPC, ¾ POCSO Act and 3 (2) (v) S.C./S.T. Act and the bail application of accused was rejected by court below on 8.11.2016, feeling aggrieved with which, the accused moved a bail application no.44061 of 2016 before this Court, which was dismissed on 6.9.2017 as not pressed, to seek appropriate remedy and after rejection of first bail application as not pressed, the accused instead of filing appeal under section 14-A(2) again moved this application for bail on 14.9.2017, in view of the judgment of a Single Judge Bench of this Court passed on 29.8.2017 in 2017(101) ACC 242 Rohit Vs. State of U.P., wherein it was held that after expiry of 180 days from the date of order rejecting bail, the appeal under section 14 A (2) of S.C./S.T. Act may not be entertained and the accused shall acquire a right to file bail application under general provisions of section 439 of the Code of Criminal Procedure.
(iii) Criminal Misc. Bail Application No.38812 of 2017 relates to the incident dated 15.8.2015 regarding which F.I.R. was lodged on 10.9.2015 under sections 363, 376, 506 IPC, ¾ POCSO Act and 3 (2) (v) S.C./S.T. Act and bail application was rejected by Court below vide order dated 1.9.2017 feeling aggrieved with which the accused applicant filed present bail application on 4.10.2017, within the period of 180 days in view of the judgment of this Court dated 25.8.2017 passed in the case of Janardan Pandey Vs. State of U.P. in Criminal Appeal No.2943 of 2017 as the offence has been committed prior to enforcement of Amending Act.
(iv) Criminal Appeal Defective No.785 of 2017 relates to the incident dated 29.2.2016 regarding which F.I.R. was lodged on 14.6.2016 for the offences under sections 147, 148, 149, 302, 504 IPC and 3(2)(v) S.C./S.T. Act bail application was rejected by Court below on 20.9.2016 and the appeal was filed on 14.11.2017, after 330 days from the order of rejection of bail, with an application for condonation of delay.
3. Whenever some new enactment comes
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