Prathvi Raj Chauhan v. Union of India, AIR 2020 SC 1036

Topic: Bail and Personal Liberty

Court: Supreme Court of India

Issue: Whether section 18 and 18A of the ST/SC Act, 1989 would  completely bar the maintainability of the anticipatory bail u/s 438 of Cr.P.C.?

Held: The provisions of section 438 Cr.P.C. shall not apply to cases under the ST/SC Act, 1989. However, if the Compliant does not make out a prima facie case under ST/SC Act, then anticipatory bail would be maintainable. In exceptional circumstances, in order to prevent the mis-use of the Act, the Court may exercise its powers u/s 482 Cr.P.C. to quash the proceedings in light of the settled parameters.

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