MAHESH CHANDRA SHARMA,J. - (1.) This Criminal Appeal has been filed against the order dated 22.11.2016 passed by Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar In bail application No. 1/310/2016, whereby the ball application filed by the appellant under Section 438 Criminal Procedure Code has been rejected.
(2.) Brief facts of the case are that the complainant Data Ram got registered FIR at Police Station, Tijara, District Alwar with regard to an Incident alleged to have taken place on 23.10.2016. The police registered a case for the offences under Sections 323, 341 I.P.C. and 3(2)(va) of the SC/ST Act, whereupon the Investigation was commenced. Apprehending his arrest, the appellant moved a ball application before the court below, but the same was dismissed vide order dated 22.11.2016. Hence, this criminal appeal has been filed by the appellant.
(3.) Learned counsel for the appellant has contended that alleged offence under Section 3(2) (Va) of SC/ST Act and 323, 341 IPC are bailable. Learned counsel for the appellant has further contended that Section 14A has been inserted In the SC and ST (Prevention of Atrocities) Act, 2015, which Is reproduced as under: "14A. Appeals-(1) Notwithstanding anything contained In the Coded of Criminal Procedure, 1973, an appeal shall lie, from any judgment sentence or order, not being an Interlocutory order, of a Special Court or an Exclusive Special Court, to the High Court, both on facts and on law. (2)..... (3).... (4).... Learned counsel for the appellant has further contended that In view of new provision 14A Inserted In the SC/ST Act, this appeal is maintainable. The accused appellant has been falsely implicated in this matter, hence he/she/they should be released on ball.;