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september 2012

Supreme Court of India · 2012-09-10

VILAS PANDURANG PAWAR & ANR. vs STATE OF MAHARASHTRA & ORS.

Citation / case number
SC 2012/60334
Court
Supreme Court of India
Petitioner
VILAS PANDURANG PAWAR & ANR.
Respondent
STATE OF MAHARASHTRA & ORS.
Author
P. Sathasivam
Bench
RANJAN GOGOI P. SATHASIVAM

Judgment text excerpt

The Supreme Court held that Section 438 of the Code of Criminal Procedure, 1973, which provides for anticipatory bail, is not applicable to offenses under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, as per Section 18 of the SC/ST Act. The Court emphasized that the specific allegations of caste-based abuse and assault in the complaint warranted the application of the SC/ST Act, thereby denying the petitioners' request for anticipatory bail. Consequently, the Court upheld the decisions of the lower courts rejecting the anticipatory bail applications of the petitioners.

VILAS PANDURANG PAWAR & ANR. vs STATE OF MAHARASHTRA & ORS. · Niyam