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Supreme Court of India 2018-04-03 disposed

Union of India vs State of Maharashtra & Ors

Bench: 2 — Bench of 2 Judges

In Brief

The Supreme Court reviewed its earlier order concerning grant of anticipatory bail in cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Court clarified that there is no absolute bar to anticipatory bail if no prima facie case is established or the complaint is found mala fide on judicial scrutiny. The Court's previous directions requiring preliminary inquiry and approval before arrest were not dilutions of the Act but safeguards against false implications. The Court also clarified that compensation to victims and registration of FIRs under other laws are not impeded by these directions. The matter was deferred for written submissions.

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Criminal Law Constitutional Law Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Anticipatory Bail Abuse of Process Preliminary Inquiry

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