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1 - 10 of 15 (0.30 seconds)Section 18 in The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 [Entire Act]
Section 438 in The Code of Criminal Procedure, 1973 [Entire Act]
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
Gudikanti Narasimhulu And Ors vs Public Prosecutor, High Court Of Andhra ... on 6 December, 1977
In Gudikanti Narasimhulu v Public Prosecutor, (1978) 1 SCC
240, (Para 16), Supreme Court held that the delicate light of the law favors release
unless countered by the negative criteria necessitating that course.
Dataram Singh vs The State Of Uttar Pradesh on 6 February, 2018
In
Dataram Singh v State of Uttar Pradesh, (2018) 3 SCC 22, (Para 6), Supreme Court held
that the grant or refusal of bail is entirely within the discretion of the judge hearing the
matter and though that discretion is unfettered, it must be exercised judiciously,
compassionately, and in a humane manner. Also, conditions for the grant of bail ought
not to be so strict as to be incapable of compliance, thereby making the grant of bail
illusory.
The Indian Penal Code, 1860
Prathvi Raj Chauhan vs Union Of India on 10 February, 2020
In Prathvi Raj v. Union of India, AIR 2020 SC 1036, a three-judge bench of Supreme
Court read down S. 18 by declaring as follows,
[10]. Concerning the applicability of provisions of section 438 Cr.PC, it
shall not apply to the cases under Act of 1989. However, if the
complaint does not make out a prima facie case for applicability of
the provisions of the Act of 1989, the bar created by section 18 and
18A (i) shall not apply.