AI Overview...
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Prathvi Raj Chauhan Case - The Supreme Court in Prathvi Raj Chauhan v. Union of India (2020) clarified that provisions of Section 438 of the Cr.P.C. (anticipatory bail) are not an absolute bar for cases under the SC/ST Act. The Court emphasized that if no prima facie case exists, anticipatory bail can be granted even under the Act, contrary to earlier interpretations suggesting a blanket prohibition K.M.BASHEER vs STATE OF KERALA - Kerala, Vinod Bindal VS State of Haryana - Punjab and Haryana, XXXXXXXXXX VS State Of Kerala - Kerala, K.M.BASHEER vs STATE OF KERALA - Kerala, Lokesh S/O Chandrashekara VS State Of Karnataka By Challakere Police Station - Karnataka, Raju @ D Shekar VS State By Avalahalli Police - Karnataka, Sopiwara Begum VS State of Meghalaya - Meghalaya, Lata Ratan Rokade VS State of Maharashtra - Bombay, Ahammedkutty Pothiyil Thottiparambil S/o Late Mohammed @ Bappu Haji VS Union of India Rep. by the National Investigation Agency - Kerala.
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Special Courts & Exclusivity - The SC/ST Act mandates special courts for trial and hearing bail applications, with exclusive jurisdiction. These courts have the authority to exclude the applicability of Section 438 unless the court finds a prima facie case K.M.BASHEER vs STATE OF KERALA - Kerala, K. M. Basheer, S/o. K. M. Unni Hassan VS Rajani K. T. - Kerala.
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Legal Position on Anticipatory Bail - The Court held that Section 438 does not automatically apply to offenses under the SC/ST Act due to specific statutory provisions and the creation of special courts. The amendments to the Act and relevant case law, including Dr. Subhash Kashinath Mahajan, support that anticipatory bail can be granted if the allegations do not establish a prima facie case XXXXXXXXXX VS State Of Kerala - Kerala, K.M.BASHEER vs STATE OF KERALA - Kerala, Sopiwara Begum VS State of Meghalaya - Meghalaya.
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Impact of Amendments & Previous Judgments - The amendments to the SC/ST Act, particularly Sections 18 and 18A, reinforced the special courts' jurisdiction and restricted the application of anticipatory bail. The Supreme Court’s decision in Prathvi Raj Chauhan reaffirmed that absolute bar on anticipatory bail under the Act does not exist if the court finds no prima facie case K.M.BASHEER vs STATE OF KERALA - Kerala, XXXXXXXXXX VS State Of Kerala - Kerala.
Analysis and Conclusion:
The Prathvi Raj Chauhan ruling is a landmark judgment clarifying that anticipatory bail under Section 438 of Cr.P.C. is not categorically barred in cases under the SC/ST Act. Instead, the grant of bail depends on whether a prima facie case is established, with special courts exercising exclusive jurisdiction. This decision balances the protection of rights of accused persons against the statutory intent to prevent atrocities, emphasizing judicial discretion based on the facts of each case.
Search Results for "Prathvi Raj Chauhan on Tada Act"
2022 Supreme(Online)(KER) 24478 • India - High Court of Kerala
BECHU KURIAN THOMAS, J
the exclusivity of Special Courts for hearing bail applications related to offences under this Act. ... (A) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 18 and 18A - Anticipatory bail - Court ... must ascertain whether a prima facie case for an offence punishable under the Act exists - If no prima facie case, the court may ... When the said statute provides an absolute prohibition on the applicability of the provisions of section 438 of Cr.P.C, the Supreme Court had, in Prathvi #H....
2022 0 Supreme(P&H) 1336 • India - Punjab and Haryana
ASHOK KUMAR VERMA
bail under Section 438 of the Cr.P.C for offences under the SC/ST Act, highlighting the observations in Prathvi Raj Chauhan's case ... Anticipatory Bail - SC/ST Act - Section 438 of the Cr.P.C - 1989 Act - 3(1)(r), 384 of the IPC - [Section 3(1)(r) of the SC/ST ... and the creation of Special Courts under the SC/ST Act. ... The Hon'ble Supreme Court had in Prathvi Raj Chauhan v. ... Thus, if, despite the bar under sections 18 and 18....
2022 0 Supreme(Ker) 713 • India - Kerala
BECHU KURIAN THOMAS
Code of Criminal Procedure 1973 - Section 438, 482 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act ... – Special court and exclusive special court – Appeals – Section 438 of code not to apply to persons committing an offence under act ... decision of Full Bench of Allahabad High court in In Re Provisions of section 14A of SC/ST (Prevention of Atrocities) Amendment Act ... When the said statute provides an absolute prohibition on the applicability of the provisions of section 438 of Cr.P.C, the Supreme Court had, in ....
• India - High Court of Kerala
BECHU KURIAN THOMAS, J
(B) Anticipatory Bail - The original jurisdiction of the High Court for granting anticipatory bail is excluded under the SC/ST Act ... When the said statute provides an absolute prohibition on the applicability of the provisions of section 438 of Cr.P.C, the Supreme Court had, in Prathvi Raj Chauhan v. ... Subhash Kashinath Mahajan and that in Prathvi Raj Chauhan, the legal position is that, an anticipatory bail, in a crime where an offence under the SC/ST A....
2023 0 Supreme(Ker) 644 • India - Kerala
KAUSER EDAPPAGATH
The validity of the said amendment was considered by the three-judge Bench of the Apex Court in Prathvi Raj Chauhan (supra). ... Reliance was placed on the three-Judge Bench decision of the Apex Court in Prathvi Raj Chauhan v. Union of India and Others [(2020) 4 SCC 727]. ... Thus, after the decisions in Dr.Subhash Kashinath Mahajan(supra) and Prathvi Raj Chauhan(supra), there is no absolute bar against the grant of pre-arrest bail ....
2021 0 Supreme(Kar) 186 • India - Karnataka
ABHAY S.OKA, SURAJ GOVINDARAJ
Special Court granting or refusing bail - Whether an appeal is maintainable under subsection (2) of Section 14A of the SC an ST Act ... decision of the Apex Court in the case–v-Union of India and others - His submission is that though Section 20 of the SC and ST Act ... against an order granting or refusing to grant bail - allegation of a crime being committed SC and ST Act - He invited our attention ... In the case of PRATHVI RAJ CHAUHAN vs UNION OF INDIA AND OTHERS (supra), the Apex ....
2020 0 Supreme(Kar) 1030 • India - Karnataka
B.A.PATIL
Anticipatory Bail - Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 143, 447, 504, 506 ... read with Section 149 of IPC - 3(1)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ... Section 149 of IPC and also under Section 3(1)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act ... In order to substantiate the said contention, he has relied upon the decision in the case of Prathvi Raj #....
2023 0 Supreme(Megh) 44 • India - Meghalaya
W. DIENGDOH
(A) Code of Criminal Procedure, 1973 - Section 438 - POCSO Act, 2012 - Pre-arrest bail application - The petitioner, apprehending ... The validity of the said amendment was considered by the three-judge Bench of the Apex Court in Prathvi Raj Chauhan (supra). ... Subhash Kashinath Mahajan (supra) and Prathvi Raj Chauhan (supra), there is no absolute bar against the grant of pre-arrest bail in cases under the SC/ST Act if no prima facie case is made ou....
2024 0 Supreme(Bom) 502 • India - Bombay
A. S. GADKARI, SHARMILA U. DESHMUKH
(A) Constitution of India - Article 226 - Criminal Procedure Code - Section 482 - Maharashtra Control of Organised Crime Act, 1999 ... - Section 23(1)(a) - Anticipatory bail sought challenging prior approval to apply M.C.O.C Act - Approval granted for investigating ... 25.1 In the case of Prathvi Raj Chauhan (supra) the Hon'ble Supreme Court, while considering the bar created by Sections 18 and 18-A(2) of S.C.S.T. ... As far as the reliance placed on decision of Prathvi Raj#....
2023 0 Supreme(Ker) 577 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.B.SURESH KUMAR, C.S.SUDHA
, 1967 (UAP Act). ... The judgment discusses the provisions of the Unlawful Activities (Prevention) Act, 1967 (UAP Act), particularly ... that the exclusion of Section 438 of the CrPC to offences punishable under the UAP Act is absolute. ... It is seen that the newly introduced Section 18A of the SC/ST Act was challenged subsequently before the Apex Court and the challenge was repelled by a Three Judge Bench of the Apex Court in Prathvi Raj Chauhan v....
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