SWAMISHARAN KUSHWAHA Vs. STATE OF M.P.

JUDGEMENT

(1.) IN this case a preliminary objection was raised by the State regarding maintainability of this application under section 438 Cr.P.C. in view of specific bar under section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the "SCST Act'") for grant of anticipatory bail. In other words, it is the stand of the State Government that application for grant of anticipatory bail for offences under the SCST Act is not maintainable.

(2.) WITH the consent of parties, matter is finally heard on the question of maintainability as well as on merits. In the light of detailed discussion in Misc.Cri.Case No. 8898/2012 (Ummed Singh and others vs. State of M.P. and another) on the question of maintainability of application for anticipatory bail, this Court, in view of the recent judgment of Supreme Court in Vilas Pandurang Pawar v. State of Maharashtra, reported in (2012) 8 SCC 795, held that if the litmus test laid down by Supreme Court is satisfied, anticipatory bail can be granted under section 438 of the Code of Criminal Procedure. It is also clear that the court must satisfy itself that prima facie case under section 3(1)(xi) is not made out and, therefore, anticipatory bail can be entertained.

(3.) IN this case the applicants apprehend their arrest in crime No. 8/2012 registered under sections 323, 294, 506-B/34 of Indian Penal Code and section 3(1)(x) of SCST Act by Police Station AJK, District Datia.