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.