CrPC Provisions Applicable On Accused Not Chargesheeted Under SC/ST Act Even If Special Court Is Trying Offence: Allahabad HC

The Allahabad High Court recently clarified that the criminal cases in which the accused are not charge-sheeted under the SC/ST Act are liable to be processed under the provisions of CrPC, even if the offence is being tried by the special court established under the SC/ST Act.

A bench of Justice Ajay Bhanot observed thus while dealing with an application filed by one Pramod seeking bail in a Murder case after his bail plea was rejected by the trial Court in December 2023.

It was the case of the accused that he was charge-sheeted under Section 302 IPC, however, the criminal case is being tried by the exclusive special court established under the SC/ST Act and therefore, even if the special court is trying his case, he can't be subjected to the provisions pertaining to the SC/ST Act regarding the bail.

Against this backdrop, noting that the SC-ST SAct lays down certain special procedures for the protection of the victims, and for the prosecution of the accused and that the provisions of grant of bail for the accused under the SC/ST Act are distinct from provisions of bail under the CrPC, the Court observed thus:

"The legislation has to be construed strictly, and cannot be applied to offences which do not fall within the ambit of the SC/ST Act. The Special Courts draw their jurisdiction to try offences from Section 2(bd) of the Act. Section 2(bd) of the Act clearly confines the jurisdiction of the Courts to the offences under the SC/ST Act. Since the applicant has not been charge sheeted under the SC/ST Act, the provisions pertaining to the SC/ST Act in regard to the bail shall not be applied to the case of the applicant."

Further, noting that the applicant has not been chargesheet under the SC-ST Act coupled with the fact that the FIR in the case had been lodged after due deliberation and at the instigation of inimical parties in the village, the Court took into account the fact that there was no direct evidence or eye witness of the incident and even the chain of incriminating circumstances against the applicant is not complete.

In light of the preceding discussion and without making any observations on the merits of the case, the Court allowed the bail application and directed the release of the applicant on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. 

Case title - Pramod vs. State Of UP 2024 LiveLaw (AB) 181 [CRIMINAL MISC. BAIL APPLICATION No. - 2447 of 2024]

Case citation: 2024 LiveLaw (AB) 181

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