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IN THE HIGH COURT OF MADHYA PRADESH
PREM NARAYAN SINGH
Santoshbai – Appellant
Versus
State of M. P. – Respondent
| Table of Content |
|---|
| 1. application for anticipatory bail and case details. (Para 1 , 2) |
| 2. arguments regarding the merits and maintainability of the bail application. (Para 3 , 4 , 5) |
| 3. analysis of the sc/st act and applicability of sections 18 and 18-a. (Para 6 , 7 , 8) |
| 4. conclusion on the absence of prima facie case for anticipatory bail. (Para 10) |
| 5. directive to trial court regarding influence from appeal. (Para 11) |
ORDER
1. The present appeal filed by the appellant under section 14-A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 for grant of anticipatory bail in connection with Crime No.215/2023, registered at Police Station-Nalkheda, District-Agar Malwa (MP) for the offence under sections 420, 467, 468, 471,120-B,406,294,506,419 of IPC, 1860 and section 3(1)(r), 3(1)(f), 3(1) (s), 3(2)(v),3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) Act 1989 (hereinafter referred as " of the Act").
2.This appeal has been filed against the order dated 8.6.2024, passed by Special Judge SC/ST(PA), Agar Malwa, whereby learned Special Judge rejected the bail application of appellant with finding that there is prima facie case against the appellant punishable under
A prima facie case must be established for anticipatory bail to be granted under the SC/ST (Prevention of Atrocities) Act, 1989.
Anticipatory bail under SC/ST (Prevention of Atrocities) Act is not maintainable if a prima facie case is established against the applicant, reinforcing the Act's protective measures.
provision of Section 438 Cr. P.C. shall be available to an accused for anticipatory bail for alleged offences under the Scheduled Castes and Scheduled Tribes Act, 1989, if the accused/applicant is ab....
The court applied the principle that the bar against grant of anticipatory bail in cases of atrocity against SC and ST shall not apply unless a prima facie case is made out, as established in the jud....
Point of law: Section 8(c) provides that the accused was having personal knowledge of the victim or his family, the court shall presume that the accused was aware of the caste or tribal identity of t....
Anticipatory bail may be granted when allegations do not prima facie indicate offences under the SC/ST Act.
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 anticipatory bail can be granted if no prima facie case exists under the SC/ST Act, based on judicial discretion and the specifics of the case.
The central legal point established in the judgment is the need for strict construction of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, and the consideration of indiv....
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