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IN THE HIGH COURT OF MADHYA PRADESH
INDRANI DATTA, J.
BHUM SINGH NARWARIYA – Appellant
Versus
STATE OF M. P. – Respondent
M.Cr.C. No. 4499 of 2010
Decided On : 27-07-2010
Anticipatory Bail - Criminal Procedure Code - The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 - The court disposed of the application for anticipatory bail with a direction for the applicants to surrender and move a regular bail application before the Special Judge, Bhind.
Fact of the Case:
The applicants filed an application for anticipatory bail under section 438 of the Criminal Procedure Code, apprehending their arrest in a case registered at Police Station Mehgaon, District Bhind for offences under the Indian Penal Code and The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, disposed of the application with a direction for the applicants to surrender and move a regular bail application before the Special Judge, Bhind.
Issues: The main issue was whether anticipatory bail could be granted under section 18 of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Ratio Decidendi: The court considered the overall facts of the case and decided that anticipatory bail cannot be allowed under section 18 of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Final Decision: The application for anticipatory bail was disposed of with a direction for the applicants to surrender and move a regular bail application before the Special Judge, Bhind.
JUDGMENT :
1. Heard
Admit.
Perused the documents available on record.
2. The applicants have filed this first application under section 438of Criminal Procedure Code for grant of anticipatory bail. They are apprehending their arrest in Crime No. 75/10 registered at Police Station Mehgaon, District Bhind for offence punishable under sections 294, 323, 506-B, Indian Penal Code and section 3(1)(x) of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. It is contended on behalf of the applicants that the applicants have been falsely implicated in the case. It is respectfully submitted that the applicants are ready to face the trial. On these grounds, prayed for grant of anticipatory bail.
4. Learned Public Prosecutor opposed the application and submitted that under section 18 of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 anticipatory bail cannot be allowed. Hence prayed for rejection of the application.
5. Considering the overall facts of the case but without expressing any opinion on the merits of the case, application is disposed of with a direction that if the applicants surrender and move a regular bail application before the Special Judge, Bhind that application of regular bail is to be allowed with adequate conditions.
A copy of this order be sent for compliance to the concerned Court.
Certified Copy as per rules.
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