RAHUL RANABHAI DANGAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has filed Criminal Misc. Application No. 90 of 2020 before the court of learned Additional Sessions Judge, Porbandar u/s 439 of the Code of Criminal Procedure, 1973 requesting to enlarge the appellant on regular bail on account of offence being registered vide C.R. No. 11218006200121 with Kirtimandir Police Station for the offence punishable u/s 306, 387, 506(2) of the Indian Penal Code and u/s. 3(1)(r), 3(1-s), 3(2)(5-a) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989 (for short "the Atrocities Act"), wherein the learned Additional Sessions Judge, Porbandar rejected the said application on 13.02.2020. Feeling aggrieved by the said order, the appellant preferred said appeal u/s 14-A of the Atrocities Act.

(2.) Heard learned advocates for the respective parties and learned APP for the respondent-State.

(3.) Learned advocate for the appellant has submitted that the present appellant is wrongly involved in the offence by the Investigating Agency. It was further submitted that the complaint has been filed belatedly and there is no explanation for filing the complaint belatedly. Initially in pursuance of the registration of the entry under Section 174 nothing was stated so and subsequently, the FIR came to be filed implicating the appellant for offence under Section 306 of IPC. That, prima facie offence under Section 306 is made out and there is no act of abatement remotely found with respect to the offence alleged against the present appellant. That, custodial interrogation of the appellant is already concluded and therefore, further detention of the appellant may not be warranted. Hence, it was requested by learned advocate for the appellant to quash and set aside the impugned judgment and order passed by the learned Additional Sessions Judge, Porbandar.