No anticipatory bail in SC/ST atrocity case: Guj HC

The court passed the ruling last week while deciding on a crucial question referred to it by a single judge,whether provisions contained in Prevention of Atrocities Act,1989 imposes a bar on a person’s right to anticipatory bail.

“Once a provision of law enacted by Legislature is held to be not unconstitutional or not violative of Article 21 of the Constitution,the same stands on statute book and has to be read as it is and court while interpreting the same,cannot read what is not provided for in the provision nor can it ignore what is provided for in the provision,” the division bench ruled.

“A person who is facing accusation of having committed an offence under the Atrocities Act,cannot legally invoke provisions of Section-438 of the CrPC in view of specific bar contained under Section-18 of the Atrocities Act and a court cannot grant anticipatory bail to a person accused of having committed an offence,” it added.