- In the case of Jawed Khan vs State of Chhattisgarh the Hon’ble HC of Chhattisgarh has held that when an offence under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 appears to be a misuse of law , the Court has the power to grant anticipatory bail.
- In the instant case, the appellant/accused had filed an application under section 14A(2) of the SC/ST Act for the grant of anticipatory bail, in connection with an offence punishable under sections 294, 323 and 506 of IPC read with section 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST Act.
- The prosecution had alleged that the victim, who is a Panchayat Secretary had lodged the FIR against the appellant/accused who is an Up-Sarpanch in Village Pnididhala. On 22-1-2022 a Panchayat meeting was held where after some altercations the appellant abused the complainant in filthy language, abused him in the name of his caste and grabbed his collar, and threatened to kill him in front of other people.
- The Learned Counsel for the appellant had argued that the appellant is innocent and that the said FIR had been lodged only to create pressure upon the appellant to withdraw the complaints lodged by him regarding embezzlement of Government funds by the Sarpanch and the victim/Panchayat Secretary.
- The Learned Counsel for the State had vehemently opposed the grant of anticipatory bail and had submitted that there is a bar on the same by virtue of sections 18 and 18A of the SC/ST Act. He also relied upon a judgement of the Apex Court in Swaran Singh and ors. vs. State through Standing Counsel (2008) SCC in which it was held that calling a person ‘chamar’ with intent to insult or humiliate him in public view is an offence under the Act.
- The Learned Counsel for the Appellant, in turn, relied upon the decision of the Apex Court in Union of India vs State of Maharashtra and ors (2020) SCC wherein it was held that in case there is no prima facie case made out in the 1989 Act, anticipatory bail can be granted.
- The Hon’ble HC thus, taking into consideration the arguments advanced and the cases relied upon, held that when the offence under SC/ST Act appears to be a misuse of the law, the Court has the power to grant anticipatory bail, and section 18 would not be a bar to the same.
- Thus, the appeal was allowed.
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