Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Anticipatory bail Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s.438 - Anticipatory bail - Complaint u/s.3 of SC/ST Act and ss.147, 148, 149, 323, 448 IPC - Order of Sessions Judge that on perusal of complaint and statement of witnesses examined during enquiry, prima facie case made out against accused under the alleged offences - However, grant of anticipatory bail by High Court - On appeal by complainant, held: The scope of s.18 of the SC/ST Act r/w s.438 of the Code is such that it creates a specific bar in the grant of anticipatory bail - When an offence is registered against a person under the provisions of the SC/ST Act, no court shall entertain an application for anticipatory bail, unless it prima facie finds that such an offence is not made out - in the light of order of sessions judge and statutory provision, the High Court has committed error “in granting Anticipatory bail - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - s.3. |
Judge | N/A |
Neutral Citation | 2014 INSC 919 |
Petitioner | Bachu Das |
Respondent | State Of Bihar And Others |
SCR | [2014] 2 S.C.R. 287 |
Judgement Date | 2014-02-03 |
Case Number | 314 |
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