Case Note & Summary
The judgment pertains to two criminal appeals filed by the original accused in Crime No.03 of 2020 registered with Mahur Police Station, District Nanded, for offences punishable under Sections 143, 147, 148, 149, 506 of the Indian Penal Code and Sections 3(1)(3), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The FIR was lodged by respondent No.2, Keshav Ganpat Bhagat. The appellants filed these appeals under Section 14-A of the SC/ST Act seeking anticipatory bail. The court heard both sides and admitted the appeals as arguable points were raised. By consent, the appeals were taken up for final disposal. The court examined the FIR and found that the allegations did not prima facie disclose the ingredients of the offences under the SC/ST Act, particularly the requirement of caste-based insult or intimidation in public view. Consequently, the court held that the bar under Section 18 of the Act was not attracted and granted anticipatory bail to the appellants. The court directed that in the event of arrest, the appellants be released on bail on furnishing a personal bond of Rs.15,000 each with one surety.
Headnote
A) Criminal Procedure - Anticipatory Bail - Section 14-A SC/ST Act - Prima Facie Case - The court considered whether the FIR disclosed ingredients of offences under the SC/ST Act. Held that where the FIR does not prima facie make out the alleged offences, the bar under Section 18 of the Act is not attracted and anticipatory bail can be granted. (Paras 4-5) B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(3) and 3(1)(s) - Ingredients - The court examined the allegations and found that the FIR lacked specific averments regarding caste-based insult or intimidation in public view. Held that mere mention of caste without context does not attract the provisions. (Paras 4-5)
Issue of Consideration
Whether the appellants are entitled to anticipatory bail under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, when the FIR does not prima facie disclose the commission of offences under the Act.
Final Decision
The appeals are allowed. The order rejecting anticipatory bail is set aside. The appellants are directed to be released on bail in the event of arrest in Crime No.03 of 2020 on furnishing a personal bond of Rs.15,000 each with one surety.
Law Points
- Anticipatory bail
- SC/ST Act
- Section 14-A
- prima facie case
- ingredients of offence
- Section 3(1)(3)
- Section 3(1)(s)
- Section 143
- 147
- 148
- 149
- 506 IPC
