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IN THE HIGH COURT OF MADHYA PRADESH
PREM NARAYAN SINGH
Santoshbai – Appellant
Versus
State of M. P. – Respondent
Headnote: Read headnote
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 the offences.
A prima facie case must be established for anticipatory bail to be granted under the SC/ST (Prevention of Atrocities) Act, 1989.
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.
A plea for anticipatory bail in respect of offence(s) under the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 is maintainable and can be granted if no prima facie cas....
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 main legal point established is that the bar on anticipatory bail under the SCST Act does not apply if no prima facie case is made out, and the court has the inherent power to grant pre-arrest ba....
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....
The High Court lacks jurisdiction to grant anticipatory bail under the SC/ST Act, necessitating an appeal against the Special Court's decision if bail is denied.
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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