STATE OF M.P. Vs. RAM KRISHNA BALOTHIA

JUDGEMENT

(1.) SPECIAL leave granted.

(2.) THESE appeal by special have been filed by the State of Madhya Pradesh and another against the judgment and order dated 25.3.1994 of the High Court of Madhya Pradesh which is the common judgment governing all these appeals. In the petitions which were filed by the respondents here, before the High Court of Madhya Pradesh under Article 226 of the Constitution, the respondents had challenged the constitutional validity of certain provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The High Court, while negativing this challenge in respect of some of the sections of the said Act has, however, held that section 18 of the said Act is unconstitutional since it violates Articles 14 and 21 of the Constitution of India. The present appeals have been filed by the State of Madhya Pradesh to challenge the finding of the Madhya Pradesh High Court in respect of section 18 of the said Act.

(3.) SECTION 438 of the Code of Criminal Procedure provides for grant of bail to persons apprehending arrest. It provides, inter alia, that when any person has reason to apprehend that he may be arrested on an accusation of having committed a non -bailable offence, he may apply to the High Court or to a Court of Sessions for a direction that in the event of such arrest, he shall be released on bail. We have to consider whether a denial of this right to apply for anticipatory bail in respect of offences committed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, can be considered as violative of Articles 14 and 21 of the Constitution.