Pune: The Bombay HC quashed and set aside a Pune special court’s order that rejected the anticipatory bail of an accused in a case under the SC/ST (Prevention of Atrocities) Act, and relegated the matter back to it for a fresh decision based on merits. “Since the special court has not decided the application by considering merits of the case, the impugned (under challenge) order deserves to be set aside and the application is required to be relegated back to the special court for decision afresh on merits,” the bench of Justice RM Joshi said. The bench observed that the special court had rejected the pre-arrest bail application without recording findings on whether an offence under the act was prima facie made out or not. The case arises from an FIR alleging that the accused maintained a relationship with the complainant and later refused to marry her. The accused moved the HC for relief through his lawyer Harshwardhan Pawar after the special court rejected the bail relief. The prosecution opposed any interim relief, contending that the FIR disclosed a case of false promise of marriage. The HC noted that the complainant was a major and that the relationship between the parties had continued for at least two years. The high court held it fit to protect the appellant’s liberty till the special court reconsidered the matter. “The bail application has been remitted to the special court with a direction to decide it within four weeks,” Pawar said.
