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Judgment
The appeal has been filed under Section 14A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. As per Act, prayer for bail of the accused is to be considered under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in appeal under Section 14A of the Act.
From perusal of record, it appears that earlier this appellant has moved before this Court in Cr. Appeal (S.J.) No. 917 of 2019, which was dismissed as withdrawn by Coordinate Bench of this Court (Anubha Rawat Choudhary, J.) on 16.10.2019. Subsequently, the appellant has preferred the present appeal, which is instituted as Cr. Appeal (S.J.) No. 147 of 2020 on the ground that the appellant is in custody since his surrender on 20.06.2019 and co-accused has been enlarged on bail by the police during investigation of the case.
From perusal of the record, it appears that anticipatory bail, regular bail under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act or appeal after conviction are being instituted as Criminal Appeal (S.J.) in view of Section 14A of the Act. This leads to an anomaly.
Office has also not pointed out that Cr. Appeal (S.J.) No. 917 of 2019 has been dismissed as withdrawn on 16.10.2019 by Coordinate Bench. As such, the present Cr. Appeal (S.J.) No. 147 of 2020 is tied-up matter of the same Hon'ble Judge.
Under the aforesaid circumstance, Registrar General of this Court is directed to place the record before Hon'ble the Chief Justice for kind perusal and necessary order.
Learned counsel for the appellant is at liberty to mention before the Hon'ble Chief Justice.