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1995 Supreme(MP) 566
Rajeev Gupta, J.
Raghuvir Prasad v. State of M.P.
Misc. Cr. Case No. 2643 of 1995 (J); Decided on 23.6.1995*.
S.L. Kochar for applicant; D.V. Pendharkar, Dy. Govt. Advocate for State.
Headnote:(1) Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act, 1989 -- S. 18 -- prima facie case under the Act not made out bar of anticipatory bail not applicable.
(2) Criminal P.C., 1973 -- S. 438 -- accused remained in jail ill same case -- discharged after 15 days -- re-arrest prevented.
¼1½ vuqlwfpr tkfr vkSj vuqlwfpr tutkfr ¼vR;kpkj fuokj.k½ vf/kfu;e] 1989 & /kkjk 18 & ekeyk vf/kfu;e ds v/khu ÁFke n`V~;k fl) ugha & vfxze tekur dk otZu ykxw ughaA
¼2½ naM Áfdz;k lafgrk] 1973 & /kkjk 438 & vfHk;qDr mlh ekeys esa tsy esa jgk & 15 fnu ckn mUeksfpr & iqu% fxjQ~rkjh fuokfjr~A
Petitioner Raghuvir Prasad apprehends his re-arrest in the above crime registered u/s 294, 323, 341, 335, 355 and 506-B IPC and section 3 (1) (xi) of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, 1989, relating to an incident, which took place on 14.3.95. According to the prosecution case petitioner Raghuvir Prasad abused filthily; assaulted and threatened to kill complainant Lokman, Kotwar. The material contained in the case diary including the statement of complainant Lokman falls short of making out a prima facie case under the provisions of Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and, therefore, the bar contained in section 18 of the Act will not operate and this petition filed u/s 438 Cr.P.C. is maintainable.
Shri Kochar, the learned counsel for the petitioner, contended that the petitioner in fact was arrested by the Police in the above Crime and thereafter having remained in jail for about 15 days, was discharged by A.C.J.M., Gadarwara vide order dated 15.5.95.
Taking a cumulative view of the above mentioned facts and circumstances of the case, this petition filed u/s 438 Cr.P.C. is allowed. Petitioner Raghuvir Prasad, in the event of his arrest in crime No. 26/95 of Police Karel, shall be released on bail on his furnishing a personal bond in the sum of Rs. 5,000/- with one surety in the like amount to the satisfaction of the Police Officer arresting him.
