bail for Sc St atrocities Act

The Apex Court had issued guidelines on maters of arrest in case of ;

Supreme Court of India

Dr. Subhash Kashinath Mahajan vs The State Of Maharashtra on 20 March, 2018

Author: ……………………………….J.

There were protests therafter.

Probably that is the reason for apprehension and posting this query.

However the Apex Court had issued the guidelines.

You may note that;

The purpose of bail/anticipatory bail is to avoid arrest.

Downlaod judgment from court website and GO thru;

HIGH COURT OF MADHYA PRADESH Cr. A. No.1757/2018

This is an appeal filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the impugned order dated 22.1.2018 passed by Special Judge, (S.C. & S.T. (Prevention of Atrocities) Act) Jabalpur in B.A.No.170/2018 whereby the court below has dismissed the application filed by the appellant under Section 438 Cr.P.C. The appellant is apprehending his arrest for the offence under Sections 294, 323, 506/34 of the I.P.C. and section of the 3(2)(va) and 3(1) (d) of the SC and ST (Prevention of Atrocities) Act, 1989, (hereinafter referred to as ‘the Act of 1989’) in Crime No.7/2018 registered at Police Station Chargawan, District Jabalpur (M.P.).

It is further submitted that Hon’ble the Apex Court in the case of Dr.Subhash Kashinath Mahajan Vs. State of Maharashtra and another, passed in Cr.Appeal No.416/2018 decided on 20.3.2018 from paragraphs 81 onwards has issued certain directions in order to prevent misuse of the provisions of the Act of 1989. On these grounds, prayer is made to allow the appeal and either enlarge the appellant on anticipatory bail or issue necessary directions to the I.O. concerned to follow the guidelines/directions issued by the Apex court in the case of Dr.Subhash Kashinath Mahajan (supra) before arresting the appellant.

However, in view of the provisions of section 18 of the Act of 1989, an accused, who is not entitled to get the benefit of anticipatory bail, cannot be denied the protection available under the law with regard to unjustified and unwarranted arrest, as before arresting an accused, it is the duty of the police officer to examine and record the reasons of arrest in writing subject to scrutiny of the Magistrate/Court. Hon’ble the Apex court in the case of Dr.Subhash Kashinath Mahajan (supra) has considered the principles and guidelines earlier laid down by the Hon’ble Apex court with regard to the duties of the Police Officer while arresting an accused.

Inasmuch as no arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. Arrest and detention in police lock-up of a person can cause irreparable harm to the reputation and self-esteem of a person. Hence, arrest cannot be made in routine manner on a mere allegation of commission of an offence. It is expected from a police officer to act as a prudent man in the interest of protection of the constitutional rights of a citizen not to arrest a person without a reasonable satisfaction arrived after some investigation as to the genuineness and bonafides of a complaint and need of arrest and thereafter record genuine reasons showing that such arrest is necessary and justified. Needless to emphasise that except in heinous offences, an arrest must be avoided.

In the background of the aforesaid discussions, considering the facts and circumstances of the present case and the material available in the case diary, this court is of the view that the nature of the offence is not very severe and prima facie, the appellant’s arrest is not warranted for the purpose of investigation and his presence may be secured during trial by directing him to appear before the Magistrate/Court concerned in case of filing of the charge-sheet.

Supreme Court - Daily Orders

Trupti Prashant Desai vs The State Of Maharashtra on 28 May, 2018

(Arising out of impugned final judgment and order dated 23-04-2018 in CRLA No. 631/2017 passed by the High Court Of Judicature At Bombay)

In the meanwhile, there will be a stay of arrest.

So,

Stay on arrest is possible.

Get in touch with your own LOCAl counsel.

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Criminal  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Criminal matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.