Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14 -- Bail - Only Special Court or Exclusive Special Court constituted u/s 14 of the Act has jurisdiction to entertain an application for bail with respect to offences committed under the Act...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14, 14A -- Bail - Power of Court of Session and High Court in its original criminal jurisdiction to entertain an application u/s 438 or S.439 Cr.P.C. has been impliedly taken away by S.14-A of the Act - Power of High Court in the matter is only appellate jurisdiction as provided u/s 14-A(2)..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, 14 -- Bail - Appeal before High Court - Lies only against an order of Special Court or Exclusive Special Court and unless there is an order of Special Court refusing bail, accused would have no right to file an appeal before High Court praying for grant of bail to them...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, 14 -- Bail - Appeal before High Court - Existence of an order of Special Court is sine qua non for approaching High Court...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - S.18 of 1989 Act creates a bar in invoking S.438 Cr.P.C. - However, a duty is cast on Court to verify averments in FIR or in complaint to find out whether an offence under Act of 1989 Act prima facie made out against..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While considering application u/s 438 Cr.P.C., it is not open to Court to conduct a critical analysis of materials on record or to conduct a roving enquiry into the matter...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Non appearance of accused after grant of bail - Non bailable warrants issued - Report u/s 173(2) Cr.P.C. not so far presented as such presence of accused was not required for taking any effective steps or proceedings by trial Court - Absence of petitioner was not willful or intentional but due to some..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 4 kg charas - Petitioner neither arrested from the spot nor any recovery was effected from him - He was framed in the case on the basis of disclosure statement of co-accused - Petitioner is already in custody since September 2016 but challan..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Bail refused - Accused did not surrender - To evade arrest accused got himself admitted in a hospital and remained admitted for 527 days with the help of hospital staff without any justification - No medical emergency which could justify continued admission in hospital - Accused held, guilty of having violated..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 -- Scope and object of SC/ST Act: (i) Act enlarges the scope of criminal liability by including several acts or omissions of atrocities which are not covered by IPC or Protection of Civil rights Act; (ii) Act provides protection to SC/STs for various atrocities affecting social disabilities,..........
