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1 - 10 of 19 (0.20 seconds)Section 438 in The Code of Criminal Procedure, 1973 [Entire Act]
The Special Courts Act, 1979
Vilas Pandurang Pawar & Anr vs State Of Maharashtra & Ors on 10 September, 2012
In such circumstance and in view of the bar under Section
18 of the SC/ST Act, the learned counsel relying on the decision of this
Court in Vilas Pandurang Pawar V. State of Maharashtra, submitted that
the High Court is not justified in granting anticipatory bail. In similar
circumstances, this Court has considered the offence under Section
3(1), as well as the bar provided under Section 18 of the SC/ST Act and
concluded as under:
Section 3 in The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 [Entire Act]
Section 147 in The Indian Penal Code, 1860 [Entire Act]
Section 148 in The Indian Penal Code, 1860 [Entire Act]
Section 149 in The Indian Penal Code, 1860 [Entire Act]
Sheik Khasim Bi vs The State on 7 February, 1986
3. The Petitioners are A-1 and A-2. The petitioners moved the
Honourable High Court in Crl.P.No.3361 of 2009 for quashing of the
proceedings and by order of this Court (another bench) dated
08.12.2011 while dismissing the application for quashing from prima facie
accusation, there was a direction not to arrest pending investigation. It is
pursuant to which the police after completion of investigation, filed
charge sheet under the above provisions against the accused persons 1
to 4 including the petitioners herein. It appears after taken cognizance
under Section 190 Cr.P.C for committal of the case under Section 209
Cr.P.C, P.R.C. No.11 of 2011 allotted and the case is pending committal
stage and before committing as presence of the accused is necessary
and he was not arrested earlier by virtue of the order supra of the
Honourable High Court, the N.B.W was issued against the accused
persons for execution of N.B.W and production of them by showing in
abscondence after completion of the investigation for the concession
not available beyond investigation completion. It is because of the
N.B.Ws pending, this application for anticipatory bail application is filed.
Even post cognizance of such pending of N.B.W is not a bar for
maintainability of anticipatory bail as held by the Full Bench of this Court,
the decision referred in Smt.Sheik Khasim Bi V. The State .