MOHAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicants have prayed for anticipatory bail under Section 438 of the Code of Criminal Procedure, (hereinafter referred to as Code) in spite of the fact that they are involved in different Sections of the Indian Penal Code as also u/s 3 (1)(x) and other clauses of the same Section of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, (hereinafter, referred to as the Atrocities Act).

(2.) The only question raised in this application at this stage by the learned Panel Lawyer appearing for the non-applicant/State was that no anticipatory bail can be granted when there is involvement of applicants under the provisions of the Atrocities, Act.

(3.) After hearing learned counsel for the applicants and learned Panel Lawyer appearing for the State a legal point of public importance was raised that in spite of involvement of the applicants under Section 3 (1) (x) and other clauses and other Sections of the Atrocities Act, the Court can examine the merits of the case and consider anticipatory bail under the Code.