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april 2013

Supreme Court of India · 2013-04-15

Shakuntla Devi vs Baljinder Singh

Citation / case number
AIRONLINE 2013 SC 163
Court
Supreme Court of India
Petitioner
Shakuntla Devi
Respondent
Baljinder Singh
Bench
Sudhansu Jyoti Mukhopadhaya, A.K. Patnaik

Judgment text excerpt

The Supreme Court held that Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1984 prohibits the grant of anticipatory bail under Section 438 of the Criminal Procedure Code, 1973 for offenses under this Act. The Court emphasized that the High Court failed to determine whether an offense under the Act was made out before granting bail, which contravenes the statutory provisions. Consequently, the Supreme Court set aside the High Court's order granting anticipatory bail, allowing the Criminal Appeal.

Shakuntla Devi vs Baljinder Singh · Niyam