can appeal be given to HC for anticipatory bail

679 votes

Yes, any person can make an appeal under section 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. First file a anticipatory bail application in Court of Sessions and file an appeal in High Court to set aside the order passed by the Court of Sessions.

Advocate Sunil Kumar Mahto LawRato

751 votes

As per code of Criminal procedure sessions court and high both have same power regarding anticipatory bail,/a>. But in general practice application for anticipatory bail are filed before sessions court. Because sessions court is quite easily aproachable to parties and there is no any reason that through sessions court justice will not be accessed. When any anticipatory bail application been rejected by sessions court then same impugned orderorder is challenged before high court in same provision. High court has vast power and intertain it.

Advocate Sabyasanchi LawRato

984 votes

The powers of HC and Sessions Court are identical as per CrPC is concerned. The person does not appeal to the HC... he files an Anticpatory Bail Application in HC..... He can make an application only if it is primafacie evident that SCST Atro Act is not made out... there are few judgments on this score...

Advocate Ashutosh Anand LawRato

872 votes

As per law, both district and High Court has power to grant anticipatory bail under section 438 if Cr.P.C. but high Court has wider discretion than district court for granting anticipatory bail. So far another question regarding atrocity act is concern, anticipatory bail is barred but we can move on, in criminal appeal.

Advocate Santosh Kumar Soni LawRato

728 votes

yes !both court have same power to exercise sction 438 crpc however, high court is a appellate forum when the grant of anticipatory bail got rejected from court of sessions.
High Court directly cannot ordinarily entertaining application of anticipatory bail unless exceptional reasons are made out, One has to exhaust alternate remedy available to him in subordinate court.
Now so far the appeal before high court is concerne, after the amendment in the year 2015 in sc/st (POA) act, any order of the sc/st special court to grant or refusel of bail will be challnge before high court as an apeal under section 14A(2).

LawRato LawRato