Anticipatory Bail Bar Under Section 18 of the SC/ST Act for Incidents Near Court Premises

sketch of the Bombay High Court
Case
SHEIKH MOHAMMAD SHEIKH BABA AND ANR v. STATE OF MAHARASHTRA THR POLICE STATION OFFICER AND ANR. (Bombay High Court, 08-10-2026)
Law
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Bharatiya Nyaya Sanhita, Protection of Children from Sexual Offences Act.

Highlights of the Judgment:

  • Examination of the statutory bar under Section 18 of the Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act, 1989 regarding anticipatory bail.
  • Interpretation of the expression within public view for incidents occurring on public roads adjacent to court premises.
  • Application of judicial precedents concerning caste-based abuse and public visibility.
  • Evaluation of prima facie evidence in determining the maintainability of criminal appeals against bail rejection.
  • Assessment of allegations involving threats to withdraw prior criminal proceedings.