ASHWIN JIVRAMBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) At the outset, it would be pertinent to note that the present appeal is a successive appeal under section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter referred to as "the Atrocities Act") since the appellant herein had earlier preferred an appeal being Criminal Appeal No.96 of 2020 before this Court, which came to be withdrawn qua the appellant after extensive hearing, vide order dated 07.02.2020. A detailed discussion regarding the same shall be made in the latter part of this order.

(2.) This successive appeal has been preferred under section 14A of the Atrocities Act for bail in connection with the first information report being C.R. No.I-124 of 2019 registered with Bavla Police Station, Ahmedabad (Rural) for offences punishable under sections 307 , 504 and 114 of IPC and sections 3(1)(r)(s), 3(2)(v) and 3(2)(va) of the Atrocities Act.

(3.) The facts in a nutshell are as under; On 25.12.2019, at around 0430 hrs., the respondent No.2 herein, Shivabhai Dahyabhai Solanki, received a telephonic call from one Ketanbhai, who is a Driver serving at Bavla Government Hospital, informing him that his nephew, Muktak Ramanbhai Solanki, was injured and that they have brought him to Bavla Government Hospital for treatment. On hearing the same, the complainant and others proceeded to the Hospital.