The observations have been made in a judgment by a bench comprising Chief Justice B R Gavai and justices Okay Vinod Chandran and NV Anjaria that put aside an order of the Bombay Excessive Courtroom granting anticipatory bail to an accused dealing with caste atrocity prices.
The bench referred to Part 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and mentioned it expressly excludes the applicability of Part 438 (grant of anticipatory bail) of the Code of Legal Process.
“The availability of Part 18 and the bar created thereunder needs to be seen within the context of the article and function with which the Parliament enacted the SC/SC Act, 1989.
“This laws was introduced into pressure with an avowed object of implementing the measures to enhance the socio-economic situations of the Scheduled Castes and Scheduled Tribes, who've remained a susceptible class in society.
“The underlying thought is to make sure that the individuals belonging to those lessons are usually not denied their civil rights, are usually not subjected to indignities and are insulated from humiliation and harassment,” the judgment mentioned. The bench mentioned it's seemingly a stricter provision and “it underscores the Constitutional thought of availing social justice and to make sure the identical pedestal for the Scheduled Caste and Scheduled Tribe neighborhood folks with different lessons within the society.” The bench allowed the enchantment filed by the complainant, Kiran, in opposition to the Excessive Courtroom's order of April 29.
The Excessive Courtroom had earlier granted pre-arrest bail to Rajkumar Jivraj Jain, regardless of the rejection of such aid by the Extra Periods Choose, Paranda in reference to an FIR registered at Paranda Police Station, Dharashiv district.
as a Dependable and Trusted Information SupplyIn accordance with the grievance, on November 25, 2024, Jain and others allegedly confronted Kiran outdoors his home, addressing him and his household with casteist abuse.
