Surendra Kumar
Agrawal v. State of M.P. 2001 (1) MPLJ 683
Doctrine of parity would not be applicable in a
case of anticipatory bail, where the provisions of section 18 S/C & S/T
(Prevention of Atrocities) Act specifically declares that section 438 Criminal
Procedure Code 1973 will not apply to persons committing an offence under this Act.
The Apex Court also considered and has held so in the case of State of M.P. and
another v. Ram Krishna Balothia and other, 1995 MPLJ 303 and the anticipatory
bail order in the situation like this is against the provisions of section 18
of the said Act and the decision of the Apex Court and as such, the said order
is per incuriam.
Mohar Singh and another v. State of M.P. 1995 JLJ 584
Section 18 of the SC/ST (Prevention of Atrocities) Act – Bar
regarding grant of anticipatory bail – Unless accusation of facts constituted
an offence under the Act, bar not applicable –
Dule
Singh v. State of Madhya Pradesh 1992(II) MPWN 108. The bar of Section 18 of
the Atrocities Act shall not apply in the facts of the instant case, because
there was, in fact, no accusation of having committed any offence under the
Atrocities Act, ingredients of the offence must be stated clearly by the
complainant or by eye-witnesses in their statement recorded by the Police so as
to attract the provisions of Section 18 of the Atrocities Act.
if
there was no accusation, therefore offence under the Act could not be
constituted. where there is no accusation of any ingredients constituting an
offence under the Atrocities Act, the Bar of section 18 will not apply.
see also Vilas Pandurang Pawar and other. v. State of Maharashtra and ors. AIR 2012 SC 3316
Mirchi alias Rakesh Jain v State of M.P. 2001 (3) MPLJ 356
Sessions Court have no power to
grant bail u/s 439 criminal procedure code 1973. in a case triable by Special
Court
Bachu Das v. State of Bihar and others (2014)
3 SCC 471
Section 18 of the
sc/st act creates a bar for invoking Section 438 of the Code. However, a duty is cast on the court to verify the averments in
the complaint and to find out whether an offence under Section 3(1) of the SC/ST Act has been prima facie made out. In other
words, if there is a specific averment in the complaint, namely, insult or
intimidation with intent to humiliate by calling with caste name, the accused
persons are not entitled to anticipatory bail.
The scope of Section 18 of the SC/ST Act read with Section
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. Moreover, while considering the
application for bail, scope for appreciation of evidence and other material on
record is limited. The court is not expected to indulge in critical analysis of
the evidence on record. When a provision has been enacted in the Special Act to
protect the persons who belong to the Scheduled Castes and the Scheduled Tribes
and a bar has been imposed in granting bail under Section 438 of the Code, the provision in the
Special Act cannot be easily
brushed aside by elaborate discussion on the evidence.