Supreme Court · 2012 INSC 386 · Decided 10 September 2012
Vilas Pandurang Pawar & ANR. v. State of Maharashtra & ORS.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 386 · [2012] 8 S.C.R. 270
- Case number
- SPECIAL LEAVE PETITION (CRIMINAL) No. 6432/2012
- Decided
- 10 September 2012
- Bench
- P. SATHASIVAM, RANJAN GOGOI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 3(1), 18; CrPC Section 438; SC/ST Act
Headnote
Code of Criminal Procedure, 1973 - s. 438 - Anticipatory bail - Entitlement - To the accused charged with C offences under /PC with provisions under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Held: s. 18 of the Act creates a bar invoking s. 438 - When an offence of the Act, no court shall entertain anticipatory bail, unless it prima facie finds that D such an offence is not made out - In view of the averments in the complaint in the present case, s. 18 is applicable - Hence, accused not entitled to anticipatory bail - Scheduled Castes and
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