Supreme Court of India

Vilas Pandurang Pawar & Anr. v. State of Maharashtra & Ors.

Neutral citation

Reported as [2012] 8 S.C.R. 270

Bench P. Sathasivam and Ranjan Gogoi JJ.

Decided 10 September 2012

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

9 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above discussion and in the light of the, F - specific averments in the complaint made by the complainant- . respondent No.3 herein, we are of the view that Section 18 of·• the· SC/ST Actis applicable to the case on hand and in view of the same; the petitioners are not entitled to anticipatory bail under Section 438 of the Code.

Judgment, page 8

From the headnote

Code of Criminal Procedure, 1973 - s. 438 - Anticipatory bail - Entitlement - To the accused charged with offences under /PC with provisions under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Held: s. 18 of the Act creates a bar invoking s. 438 - When an offence is registered under provisions of the Act, no court shall entertain anticipatory bail, unless it prima facie finds that such an offence is not made out - In view of the averments in the complaint in the present case, s. 18 is applicable - Hence, accused not entitled to anticipatory bail - Scheduled

Where later benches applied it

2025 Kiran v. Rajkumar Jivraj Jain & Anr. relied on
2023 Atulbhai Vithalbhai Bhanderi v. State of Gujarat relied on
2018 Dr. Subhash Kashinath Mahajan v. The State of Maharashtra and Anr. relied on
2025 The State of Andhra Pradesh v. N. Sanjay referred to
2025 Ajwar v. Waseem and Another R1: Waseem R2: State of Uttar Pradesh referred to
2025 Mohd. Tahir Hussain v. State of Nct of Delhi referred to
2024 Manik Madhukar Sarve & Ors. v. Vitthal Damuji Meher & Ors. referred to
2024 Shajan Skaria v. The State of Kerala & Anr. referred to
2020 Prathvi Raj Chauhan v. Union of India & Others referred to

Of those, 3 relied on · 6 referred to

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