The High Court rejected the appellant's criminal appeal against the rejection of his bail application under Section 438 Cr.P.C., holding it inapplicable because the FIR disclosed an offence punishable under the SC/ST (POA) Act.
Criminal appeal rejected; bail application under Section 438 Cr.P.C. held inapplicable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Appeal No. 96 / 2018
Shafiq Khan S/o Sh. Sakur Khan B/c Musalman R/o Village Post Sepau Tehsil Sepau Distt. Dholpur (Raj.)
----Petitioner
Versus
State Of Rajasthan Through P P
----Respondent
For Petitioner(s) : Mr. Amit Jindal for Mr. R.S. Parmar
For Respondent(s) : Mr. Sudesh Saini, P.P.
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Order
25/01/2018
(PANKAJ BHANDARI), J.
Amit/119
2 issues framed by the court
Whether Section 438 Cr.P.C. (anticipatory bail) is applicable when a cognizable offence under the SC/ST (POA) Act is made out by the FIR.
Whether the bail application by the appellant should have been allowed despite the pendency of proceedings under section 438 Cr.P.C.
3 provisions across 3 enactments
Shafiq Khan
State Of Rajasthan
Pankaj Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
