MOINUDDIN Vs. STATE THROUGH ALAND POLICE STATION

JUDGEMENT

(1.) Heard the learned counsel for the petitioners.

(2.) However, from a reading of Section 18, the bar is complete, in that, Section 438 is completely excluded if there is a case under the provisions of the SC & ST Act. Notwithstanding the defence that may be available to the accused, it is open for the accused to set up all the defences that are available to him at the trial, the bar would not apply insofar as the accused seeking bail in the normal course. Therefore, when that remedy is available to the petitioner, to consider the anticipatory bail petition even though admittedly there is a case under the provisions of the Act, would be contrary to the law. Hence, without prejudice to the merits of the petitioner's case, which may be urged before the court below, the petition stands disposed of.