Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3, Criminal Procedure Code, 1973, Section 438 -- Offence u/s 3(1)(w)(ii) of the Act - Anticipatory bail - When prima facie offences in question are not attracted, there is no question of bar u/s 18 of SC/ST Act - Anticipatory bail granted...........
Protection of Children from Sexual Offences Act, 2012, Section 42A, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence committed both under POCSO Act and SC/ST Act - Provisions of POCSO Act will prevail over SC/ST Act in the case of bail - Accused to take recourse to the..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A -- Anticipatory bail - There is no absolute bar in entertaining an application for anticipatory bail in cases alleging commission of offences under SC/ST Act, if prosecution allegations do not constitute any offence under SC/ST Act - Court has power to grant anticipatory bail if..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 3(2)(va) -- Anticipatory bail - Offence u/s 3(2)(va) of SC/ST Act - Prime facie commission of offence u/s 3(2)(va) of the Act is made out - Ss.18, 18-A of the Act thus, apply and therefore anticipatory bail cannot be granted...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 14A, Criminal Procedure Code, 1973, Section 438 -- Application for anticipatory bail in an offence under SC/ST Act - Application can only be filed before Special Court and Exclusive Special Court, as the case may be and not before High Court - High Court thus, neither has..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 14A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail in an offence under SC/ST Act - Special Court while dealing with an application for anticipatory bail must first ascertain whether a prima facie case for an offence punishable under the Act is made out - If prima..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, 18, 18A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail in an offence under SC/ST Act - Order granting or rejecting anticipatory bail is subject to appellate jurisdiction of High Court u/s 14-A of the Act...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 379, 506, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 33, 89 -- Anticipatory bail - Offence u/ss 379, 506, 120-B IPC and Ss. 3, 33, 89 SC&ST Act - Petitioner is a 58 years old lady and FIR is registered after a delay of 42 days and there is civil..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 305, Protection of Children from Sexual Offences Act, 2012, Section 21, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(vi) -- Suspension of sentence during pendency of appeal against conviction - Offence u/s 305 IPC and S.21 of POCSO Act and S.3(2)(vi) of..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Anticipatory bail - Offence u/s 3(1)(x) of SC/ST Act - FIR registered by three complainants who are not victims as per S.2(1)(ec) of SC/ST Act is not maintainable - Anticipatory bail granted to accused...........
