MANJU DEVI versus ONKARJIT SINGH AHLUWALIA @ OMKARJEET SINGH & OTHERS
Section 18 of SC/ST Act prevents grant of anticipatory bail for offences under the Act; High Court erred in granting anticipatory bail to respondents charged under s.3(1)(xi) of SC/ST Act and relevant IPC sections.
- Parties
- Appellant / Complainant: Manju Devi; Respondents / Accused: Onkarjit Singh Ahluwalia @ Omkarjeet Singh & Others
- Jurisdiction
- India
- Judgment Date
- 24 March 2017
- Procedural Posture
- Criminal Appeal / Appeal Against High Court Order Granting Anticipatory Bail
- Outcome
- Appeal allowed; anticipatory bail order set aside.
- Legal Topics
- Anticipatory Bail Under S.438 Cr PC, Sc/st Act S.18 Exclusion, Offences Under Sc/st Act S.3(1)(xi), IPC S.323, S.354, S.452, Article 17 Abolition of Untouchability
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Manju Devi
Appellant / Complainant
Onkarjit Singh Ahluwalia @ Omkarjeet Singh & Others
Respondents / Accused
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Granting Anticipatory Bail
Legal Issues
- 1 Whether the High Court was justified in granting anticipatory bail to the respondents accused under SC/ST Act and IPC sections
Ratio Decidendi
Section 18 of SC/ST Act prevents grant of anticipatory bail for offences under the Act; High Court erred in granting anticipatory bail to respondents charged under s.3(1)(xi) of SC/ST Act and relevant IPC sections.
Court Disposition
Appeal allowed; anticipatory bail order set aside.
Orders
- Respondents to surrender before appropriate court within four weeks and seek regular bail.
- Trial court free to decide case on merits; conclusion confined to disposal of present petition.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment