DEEPAK BANSAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Aggrieved by the dismissal of his bail under Sec. 438 CrPC, the accused has come up before this court by filing an appeal under Sec. 14-A of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (SCSTPOA), seeking bail.

(2.) The appellant had filed a bail application before the learned Additional Sessions Judge-cum-Special Judge Barnala, which was dismissed on 17/12/2022.

(3.) In Prathvi Raj v. Union of India, AIR 2020 SC 1036, a three-judge bench of Supreme Court read down S. 18 by declaring as follows, [10]. Concerning the applicability of provisions of Sec. 438 Cr.PC, it shall not apply to the cases under Act of 1989. However, if the complaint does not make out a prima facie case for applicability of the provisions of the Act of 1989, the bar created by Sec. 18 and 18A (i) shall not apply.