Case Note & Summary
The appellant, Rajendra s/o Pundlik Nale, a forest officer working as Assistant Conservator of Forests, filed a criminal appeal challenging the order dated 4 July 2019 passed by the Additional Sessions Judge-1, Nanded, in Misc. Criminal Bail Application No.522/2019, which rejected his application for pre-arrest bail under Section 438(1) of the Code of Criminal Procedure, 1973. The appellant was the original accused in Crime No. 155/2019 registered at Kinwat Police Station, Nanded, for offences under Sections 353, 504, 506 of the Indian Penal Code, 1860, and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The FIR was lodged by the Police Sub-Inspector of Kinwat Police Station (respondent no.4). The appellant sought anticipatory bail apprehending arrest. The Sessions Court rejected the bail application primarily on the ground that the bar under Section 18 of the SC/ST Act applies, as a prima facie case under the Act was made out. The appellant then approached the High Court. The High Court heard the counsel for the appellant and the learned APP for the State. The court examined the allegations in the FIR and found that the informant alleged that the appellant used his caste name ("Mahar") while addressing him. However, the court noted that the FIR did not indicate that the appellant had any intention to insult the informant on the ground of caste, nor that the alleged incident occurred in public view. The court held that the essential ingredients of Section 3(1)(x) of the SC/ST Act were not satisfied. Consequently, the bar under Section 18 of the Act was not attracted. The court allowed the appeal, set aside the impugned order, and granted pre-arrest bail to the appellant on certain conditions.
Headnote
A) Criminal Procedure - Pre-arrest Bail - Section 438 CrPC - Anticipatory Bail - Appellant, a forest officer, sought pre-arrest bail in connection with FIR alleging offences under SC/ST Act - Court held that where allegations do not prima facie constitute an offence under the SC/ST Act, bar under Section 18 of the Act does not apply - Bail granted (Paras 1-10). B) SC/ST Act - Offence under Section 3(1)(x) - Ingredients - Intent to insult and public view - Allegation that appellant used caste name of informant - Court found that mere use of caste name without evidence of intent to insult in public view does not attract Section 3(1)(x) - Held that prima facie case not made out (Paras 5-9).
Issue of Consideration
Whether the appellant is entitled to pre-arrest bail under Section 438 CrPC when the FIR alleges offences under the SC/ST Act, and whether a prima facie case under Section 3(1)(x) of the SC/ST Act is made out.
Final Decision
Appeal allowed. Impugned order dated 4 July 2019 passed by Additional Sessions Judge-1, Nanded, in Misc. Criminal Bail Application No.522/2019 is set aside. The appellant is granted pre-arrest bail in connection with Crime No.155/2019 registered at Kinwat Police Station, on executing a PR bond of Rs.25,000/- with one surety of like amount, and on conditions that he shall attend the investigating officer as and when required and shall not tamper with prosecution evidence.
Law Points
- Pre-arrest bail
- Section 438 CrPC
- Section 3(1)(x) SC/ST Act
- prima facie case
- intent to insult
- public view
