MILIND RAMAKANT EKBOTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the order passed on 22nd January, 2018 by the learned Additional Sessions Judge, Pune, copy of which is at page 50 of the paper book (Annexure "H") in Criminal Bail Application No. 171 of 2018 and Criminal Miscellaneous Application No. 32 of 2018. The appellant before us is arrayed as an accused in C. R. No. 9 of 2018 registered at Shikrapur Police Station.

(2.) This is an appeal traceable to section 14-A of the the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the SCST Act"). By sub-section (1) of section 14-A, an appeal can be filed against any judgment, sentence or order not being an interlocutory order of a Special Court or an Exclusive Special Court, to the High Court both, on facts and law.

(3.) Mr. Pradhan appearing for the appellant has submitted that the order passed in the present case by the learned Trial Judge is traceable to section 18 of the SC ST Act. Section 18 rules out the applicability of section 438 of the Code of Criminal Procedure, 1973. It says that nothing in section 438 of the Code shall apply in relation to any case involving arrest of any person on an accusation of having committed an offence under this Act. In the facts and circumstances of the case, Mr. Pradhan would submit that once no offence punishable under this SCST Act is committed or made out from a reading of the FIR even if the allegations therein are taken to be correct, then, this bar enacted by section 18 is inapplicable. Once that is inapplicable, then, there was no embargo on the learned Trial Judge to consider the application for anticipatory bail moved by the appellant.