Case Note & Summary
The appellant, Asif @ Ashu Liyakat Pathan, original accused No.4, filed a criminal appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Atrocities Act) challenging the rejection of his bail application under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) by the Special Judge/Additional Sessions Judge, Shrirampur, District-Ahmednagar on 13th October 2022. The FIR was lodged by respondent No.2 (informant) on 30th August 2022 alleging offences under Sections 376(2)(n), (l), 376(d) of the Indian Penal Code, 1860 (IPC) and Sections 3(1)(w)(i)(ii) and 3(2)(V-A) of the Atrocities Act. The informant claimed to be a member of a scheduled caste. However, upon filing of the charge-sheet, it was found that the informant was not a member of a scheduled caste, and consequently, the charge-sheet was filed only for IPC offences, excluding the Atrocities Act provisions. The appellant argued that since the informant was not a scheduled caste member, the bar under Section 18A of the Atrocities Act did not apply, and he was entitled to bail. The State opposed the bail, but the court noted that the charge-sheet did not include any offence under the Atrocities Act, indicating no prima facie case under that Act. The court held that the bar under Section 18A of the Atrocities Act is not attracted when the informant is not a member of a scheduled caste, and the appellant is entitled to bail under Section 439 CrPC. The appeal was allowed, and the appellant was directed to be released on bail on certain conditions.
Headnote
A) Criminal Law - Bail - Section 439 CrPC - Bar under Section 18A of SC/ST Act - The appellant, original accused No.4, sought bail under Section 439 CrPC for offences under IPC and Atrocities Act. The informant claimed to be a scheduled caste member, but the charge-sheet revealed she was not. The court held that the bar under Section 18A of the Atrocities Act does not apply when the informant is not a member of a scheduled caste, and the appellant is entitled to bail. (Paras 2-5) B) Criminal Law - Atrocities Act - Prima Facie Case - Section 3(1)(w)(i)(ii) and 3(2)(V-A) - The court noted that the charge-sheet was filed only for IPC offences, indicating no prima facie case under the Atrocities Act. Therefore, the appellant could not be denied bail on the ground of the bar under Section 18A. (Paras 3-5)
Issue of Consideration
Whether the appellant is entitled to bail under Section 439 CrPC when the informant is not a member of a scheduled caste and the charge-sheet does not include offences under the Atrocities Act?
Final Decision
The appeal is allowed. The order dated 13th October 2022 passed by the learned Special Judge under the Atrocities Act/Additional Sessions Judge, Shrirampur, District-Ahmednagar in Criminal Bail Application No.234 of 2022 is set aside. The appellant is directed to be released on bail on his furnishing P.R. bond of Rs.30,000/- with one solvent surety of the like amount, subject to conditions including not tampering with evidence, not inducing witnesses, and not committing any offence while on bail.
Law Points
- Bail under Section 439 CrPC
- Bar under Section 18A of SC/ST Act not applicable when informant not a scheduled caste member
- Prima facie false implication under Atrocities Act
- Entitlement to bail when no prima facie case under Atrocities Act
