PRAVINCHANDRA N SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Two Criminal Misc. Applications were preferred before the learned Single Judge seeking anticipatory bail invoking provisions of Section-438 of the Criminal Procedure Code, 1973, by applicants, who were facing charges for offences punishable under the provisions of the Scheduled Castes & Schedule Tribes (Prevention of Atrocities) Act, 1989, for short "the Atrocities Act". Section-18 of the Atrocities Act provides that nothing in Section-438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under the Atrocities Act. The applicants relied upon on the following decisions:

(2.) This Court is, therefore, required to address and answer the above referred questions in this Reference.

(3.) We have heard learned Advocate Mr. Shivang J. Shukla for the original applicants and learned Advocate General Mr. Kamal Trivedi appearing with Ms.Sangita Vishen, learned APP, for the State.