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MANOHAR SINGH & ANR. v STATE - CRLMB Case No. 4065 of 2007 [2007] RD-RJ 4153 (23 August 2007)

S.B. Cr.Misc. Bail No. 4065/2007

(Manohar Singh and Anr. Vs. State of Rajasthan)

Date of order : 23.08.2007


Mr. Shambhoo Singh for the petitioners.

Mr. Ashok Upadhyay, P.P.

Heard learned counsel for the petitioners and public prosecutor for the State. Perused the order impugned.

The petitioners seek bail under Section 438 Cr.P.C. for the offences under Sections 147, 148, 341, 323, 342, 324, 325, 326 and 307/149 IPC and Section 3 (2)(v) of the SC/ST (Prevention of Atrocities) Act, 1989 (for short 'the SC/ST Act' hereinafter).

Section 18 of the SC/ST Act takes away the power of this Court under Section 438 Cr.P.C. for the offence punishable under the SC/ST Act.

In this view of the matter, the bail application filed u/s 438 Cr.P.C. is not maintainable and it is therefore, dismissed.

(H.R.PANWAR), J. rp


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