RAMDAYAL Vs. STATE OF M P

JUDGEMENT

(1.) By this application, under section 438 of the Code of Criminal Procedure, the applicants seek a direction for grant of bail, as they apprehend that they may be arrested in Crime No.1 of 1991, registered by Police Station Harijan Kalyan, Morena, for offences punishable under sections 294, 323 and 341 of the Indian Penal Code and under sections 3(1)(x) and (xiv) of the Scheduled Castes and Scheduled Tribes (prevention of Attrocities) Act. 1989 (for short, the Act).

(2.) Shri C.S. Dixit, learned Dy. Government Advocate vehcmently opposed the application by raising a preliminary objection that since provisions of Scheduled Castes and Scheduled Tribes (prevention of Attrocities) Act, 1989 are alleged to have been violated to bring the acts of the petitioners within the mischief of section 3(l)(x) and (xiv) of the Act, section 18 of the Act, would put a ban against the consideration of the application for anticipatory bail.

(3.) It would be relevant here to reproduce section 18 of the Act, which is as under: Section 438 of the Code not to apply to persons committing an offence under the Act. Nothing in section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act. (Emphasis supplied).