sanjeev soni (pharmacist) 13 September 2014
Hello sir
my wife in a govt. job, some office employee registered a false complaint against my wife under section SC,ST Act 3(1)(x) , i applied for anticipatery bail in H.P. High court . what it is not sanctioned by high court .
sir what i can do. give suggessitions. please my e-mail address is: sanjeevsoni37@yahoo.com
Ashok, Advocate (Lawyer at Delhi) 13 September 2014
As per Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the provision of anticipatory bail under Section 438 of Cr.P.C. does not apply to offences under this Act. Therefore, anticipatory bail could not have been granted. You can go to the Supreme Court by filing SLP against the order of the High Court, though the chances of success would be less. However, the SC has the powers under Article 142 of the Constitution to do complete justice in a particular case. Depending upon the facts of the case, sometimes the SC may (though rarely) interfere in this type of case, more so since the accused is a lady and the allegation is under Section 3(1)(x) of the Act.
Other option would be to apply for regular bail as and when she is arrested, and to fight on the case on merits.
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