Accused under SC-ST act can’t move to High Court under section 438 CrPC

Chandigarh: Harayana and Punjab high court has rejected a bail plea of a man who is accused under the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989.

After the dismissal of the application for anticipatory bail by the Sessions Court, filed under section 438 of the Code of Criminal Procedure, 1973 (CrPC), the petitioner apprehending arrest in the FIR came up before the Court again under Section 438 CrPC seeking anticipatory bail.

The court commented that the accused could not move to the court under the 438 CrPC for seeking anticipatory bail in the SC-ST act.

After going through the said application, the court opined that the petitioner-accused had chosen the wrong legal provision and therefore granted him liberty to file an appeal u.s 14A of the Act.

Since the petitioner has chosen the wrong provision of law, the petitioner
shall be at liberty to file an appeal under section 14-A of SCSTPOA and to enable
the petitioner to do so, and there shall be a stay of arrest for two weeks from
today. If the petitioner chooses to file an appeal within the above time, the stay
order shall be substituted by the order passed in such a bail application.
However, if the petitioner does not file a bail within the period described above, the stay shall automatically stand vacated without further reference to this court


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