SURAJ BHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) ACCUSED petitioners has applied for anticipatory bail in case FIR No. 73 dated 3.4.2000 under Sections 323/324/325/435/452/148/149/506 IPC and under Section 3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short SC/ST Act).

(2.) THE learned counsel counsel appearing for the State has submitted that in view of the provision under Section 18 of the SC/ST Act. this Court has no power to order the release of the accused on anticipatory bail. Reliance has been placed on 1995 Supreme Court Cases (Criminal) 439 : 1995(2) RCR(Criminal) 85 (SC), State of M.P. and another v. Ram Kishna Balothia and another.

(3.) AFTER hearing both sides and after perusing the record, in my opinion, no case for ordering the release of accused-petitioners on anticipatory bail is made out, in view of the provisions of Section 18 of the SC/ST Act. Section 18 of the SC/ST Act reads as under :-