SWAPNESH KUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) Unusual facts emerge before us that though the appellant / accused (Swapnesh Kumar s/o Jayprakash Jain) has applied to the Trial Court for regular bail in terms of Sec. 439 of the Code of Criminal Procedure. However, the Trial Court under assumption that it is perarrest bail under Sec. 438 of Code of Criminal Procedure has decided the application resulting into rejection.

(3.) The appellant was charged for the offence under Indian Penal Code as well as the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Trial Court has considered statutory bar created under Sec. 18 and it has weighed to the Trial Court in rejecting the bail application. As a matter of fact, the statutory bar would apply for pre-arrest bail under Sec. 438 of the Code of Criminal Procedure and not for regular bail. This very foundation for considering the application was itself missed and therefore, the matter needs consideration in that regard.