SHAKUNTLA DEVI Vs BALJINDER SINGH
Bench: A.K. PATNAIK,SUDHANSU JYOTI MUKHOPADHAYA
Case number: Crl.A. No.-000595-000595 / 2013
Diary number: 18739 / 2012
Advocates: Vs
S. RAMAMANI
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.595 OF 2013 (SPECIAL LEAVE PETITION(CRL.)NO.8490 OF 2012)
SHAKUNTLA DEVI APPELLANT
VERSUS
BALJINDER SINGH RESPONDENT
O R D E R
1. Leave granted.
2. We have heard learned counsel for the parties.
3. By the impugned judgment dated 31.01.2012 passed in
Criminal Misc.No.M-17586 of 2011, the High Court has granted
anticipatory bail under Section 438 of the Criminal Procedure Code,
1973 to the respondent in Complaint Case No.38/1 dated 30.07.2010,
under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1984 and Sections 323, 354, 388 and
506 of the Indian Penal Code, 1860 registered with P.S.Model
Town,Panipat (Haryana).
4. We find that Section 18 of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1984 provides that
nothing in Section 438 of the Criminal Procedure Code shall apply in
relation to any case involving the arrest of any person on an
accusation of having committed an offence under this Act. This Court
has also held in Vilas Pandurang Pawar & Anr. Vs. State of
Maharashtra & Ors., reported in 2012 (8) SCALE, 577 that Section 18
of the Act creates a specific bar to the grant of anticipatory bail
to a person against whom any offence is registered under the
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provisions of the aforesaid Act and, therefore no Court shall
entertain an application for anticipatory bail unless it, prima
facie, finds that an offence under the Act is not made out.
5. The High Court has not given any finding in the impugned
order that an offence under the aforesaid Act is not made out
against the respondent and has granted anticipatory bail, which is
contrary to the provisions of Section 18 of the aforesaid Act as
well as the aforesaid decision of this Court in Vilas Panduranga
Pawar & Anr. case (supra).
6. Hence, without going into the merits of the allegations
made against the respondent, we set aside the impugned order of the
High Court granting bail to the respondent.
Criminal Appeal is allowed accordingly.
...........................J. (A.K. PATNAIK)
...........................J. (SUDHANSU JYOTI MUKHOPADHAYA)
NEW DELHI; APRIL 15, 2013