Anant Bijay Singh, J. - (1.) On 28.09.2016, a detail order was passed in this case after taking note of the recent amendments made in the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and the matter was fixed for 18.11.2016. Thereafter, the matter was adjourned for 29.11.2016.
(2.) The issue involved in the instant cases is whether an anticipatory bail application under Section 438 of the Cr.P.C. is maintainable or an appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act is required to be filed.
(3.) Further, Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act reads as under:- "14A. Appeals.- ( 1) Notwithstanding anything contained in the Code of Criminal Procedure,1973 (2 of 1974), 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) Notwithstanding anything contained in subsection (3) of section 378 of the Code of Criminal Procedure, 1973 (2 of 1974), an appeal shall lie to the High Court against an order of the Special Court or the Exclusive Special Court granting or refusing bail. (3) Notwithstanding anything contained in any other law for the time being in force, every appeal under this section shall be preferred within a period of ninety days from the date of the judgment, sentence or order appealed from: Provided that the High Court may entertain an appeal after the expiry of the said period of ninety days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of ninety days: Provided further that no appeal shall be entertained after the expiry of the period of one hundred and eighty days. (4) Every appeal preferred under subsection (1) shall, as far as possible, be disposed of within a period of three months from the date of admission of the appeal.";