Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10845 of 2017 Applicant :- S. Kumar Verma Opposite Party :- State Of U.P. Counsel for Applicant :- Ansar Ahmad Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Supplementary affidavit filed today in Court is taken on record.
This is a bail application made under Section 439 Cr.P.C. seeking bail in Case Crime No. 07 of 2017 under Section 376D, 506 IPC and Section 3(2)(5) of the SC/ST Act P.S. Civil Lines, District Etawah. The bail application moved to the Special Court, SC/ST Act, Etawah being Bail Application No. 90 of 2017 has come to be rejected by an order dated 21.02.2017 passed by the Special Court aforesaid.
In view of the amendment to Chapter IV of The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 orders passed by a Special Court or an Exclusive Special Court are final by virtue of Section 14-A (2) of the Act which can be assailed through an appeal under the aforesaid provision to this Court and not otherwise. The aforesaid amendment has come in through Act No. 1 of 2016 with effect from 26.01.2016. In the instant case FIR was lodged on 02.01.2017 and the order refusing bail by the Special Court at Etawah was passed on 21.02.2017. As such, the present bail application under Section 439 Cr.PC. is not maintainable.
Accordingly, the bail application is rejected as not maintainable.
However, the aforesaid order will not be construed as an expression of opinion on merits of the matter.
Let the certified copies of the first information report and bail rejection order (free copy) be returned to the learned counsel for the applicant after retaining a xerox copy of the same on record attested by the learned counsel for the applicant.
Order Date :- 27.3.2018 Deepak