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Search Results for "bar under Section 18"

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High Court

High Court Grants Anticipatory Bail to Accused in SC/ST Atrocities Case Due to Lack of Prima Facie Intent to Humiliate on Caste Basis. The court held that the bar under Section 18 of the SC/ST Act does not apply when the allegations do not prima facie constitute an offence under the Act, and granted bail under Section 438 Cr.P.C.

6 Aug 2020

The petitioners, Jagadeesh and Vinay Kumar, accused Nos. 1 and 2, filed a petition under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.)...

High Court

Bombay High Court Grants Pre-Arrest Bail to Accused in SC/ST Act Case Due to Lack of Prima Facie Intent to Humiliate on Caste Basis. The court held that the bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 does not apply when the allegations do not prima facie disclose an intention to humiliate the complainant on the ground of caste, and the incident arose from a trivial quarrel over a dog barking.

6 Nov 2019

The appellant, Jayshree @ Jaya Jagdishlal Jaiswal, was the original accused No. 3 in Crime No. 186 of 2019 registered at Kadim Jalna Police Station, D...

High Court

Bombay High Court Grants Anticipatory Bail to Accused in SC/ST Act Case Due to Prima Facie False Allegations and Lack of Public View Element. The court held that the bar under Section 18 of the SC/ST Act does not apply when the ingredients of Section 3(1)(r)(s) are not made out, as the incident occurred in a private place.

10 Apr 2019

The judgment pertains to two criminal appeals filed by the appellants against the order dated 05-03-2019 passed by the Additional Sessions Judge (Spec...

High Court

Bombay High Court Grants Pre-Arrest Bail to Accused in SC/ST Act Case for Kidnapping Allegedly Related to Recovery of Loan Amount. The court held that the bar under Section 18 of the SC/ST Act does not apply when the victim is not a member of SC/ST and the allegations do not prima facie constitute an offence under the Act.

27 Feb 2019

The appellant, Udhav Gyanoba Budhwant, filed a criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atroc...

High Court

Bombay High Court Allows Pre-Arrest Bail to Appellant in SC/ST Act Case Due to Lack of Prima Facie Intent to Humiliate. Allegations of Caste-Based Insults Under Sections 3(1)(r) and 3(1)(s) of SC & ST (Prevention of Atrocities) Act, 1989 Found to Be an Afterthought in a Property Dispute.

27 Feb 2019

The appellant, Kadubal Govind Gore, filed a criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrociti...

High Court

Bombay High Court Grants Anticipatory Bail to Accused in SC/ST Act Case Due to Lack of Prima Facie Intent to Humiliate on Caste Basis. Offences under Sections 3(1)(r)(s) of SC/ST Act Not Made Out as Allegations Did Not Show Public Insult or Intent to Humiliate Based on Caste.

26 Feb 2019

The judgment pertains to two criminal appeals filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,...

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