Bharatiya Nyaya Sanhita - The Legal Chamber

Supreme Court Rules: High Court Cannot Grant Anticipatory Bail if FIR Discloses SC/ST Act Offence

6Oct

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Supreme Court

Supreme Court Rules: High Court Cannot Grant Anticipatory Bail if FIR Discloses SC/ST Act Offence

The Supreme Court held that Section 18 of the SC/ST Act creates a statutory bar against granting anticipatory bail when a prima facie case under the Act is made out from the FIR. The court's role at this stage is limited to verifying the FIR's averments and cannot extend to a mini-trial or appreciation of evidence. The High Court erred in disregarding this bar. Facts Of The Case: The complainant, belonging to the "Mang" Scheduled Caste community, lodged an FIR alleging that on 25.11.2024, the accused, Rajkumar Jain and others, confronted him outside his home. The accused were angered because the complainant had not voted for their candidate in the recent assembly elections. They verbally abused the complainant using the casteist slur "Mangtyano," beat him with an iron rod, and threatened...

Supreme Court Denies Anticipatory Bail in Andhra Liquor Scam Case

The Supreme Court upheld the denial of anticipatory bail, emphasizing that custodial interrogation is crucial in corruption cases involving influential accused. It clarified that confessional statements of co-accused under Section 161 CrPC cannot be considered at the bail stage, being inadmissible under Sections 25-26 of the Evidence Act. The Court reiterated that political vendetta allegations alone cannot justify anticipatory bail when prima facie evidence exists. It directed investigating agencies to avoid third-degree methods while preserving their right to seek custodial interrogation if warranted. The judgment reaffirmed the higher threshold for anticipatory bail compared to regular bail in serious economic offences. Facts Of The Case: The case arose from allegations of corruption ...

“Supreme Court Transfers Investigation to CBI in Shocking Custodial Torture & Death Case” : Police Brutality Exposed

The Supreme Court transferred the investigation of a custodial death case to the CBI, citing bias in the local police probe under "nemo judex in causa sua" (no one should judge their own cause). It emphasized witness protection for the sole eyewitness, Gangaram Pardhi, and directed expedited arrests and trial, reinforcing accountability in custodial violence cases under constitutional safeguards. The judgment underscored fair investigation as a facet of Article 21. Facts Of The Case: The case stemmed from the custodial death of Deva Pardhi, a young man arrested by Madhya Pradesh police on 13th July 2024 during his wedding rituals in connection with a theft case (FIR No. 232/2024). Witnesses, including his uncle Gangaram Pardhi, alleged brutal torture—beatings, hanging upside down, and ch...