MEVABHAI BHANABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Appeal is filed by the appellant - accused under Sec. 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter referred to as "the Act") praying for regular bail in connection with the First Information Report being C.R.No.11195036210595 of 2021 registered with Panthavada Police Station, District - Banaskantha, for the offence punishable under Ss. 324 , 325 , 294(b) , 506(2) and 114 of the Indian Penal Code as also under Ss. 3(1)(r) , 3(1)(s) , 3(2)(v) and 3(2)(5) of "the Act".

(2.) Though this appeal is filed in the month of August, 2021, when the Special Atrocity Judge rejected the application for regular bail preferred by the present appellant, charge sheet was already filed before the Competent Court. Thus, this appeal is filed by the present appellant - accused, post submission of charge sheet.

(3.) Mr. Tushar Chaudhary, learned advocate for the appellant - accused submitted that the accused and the first informant having agricultural field with common boundary and dispute occurred because of the cleaning over the boundary and throwing residues of the agricultural produce stacked at the boundary. He has submitted that the offence alleged against the appellant is though punishable with life imprisonment, it is under Sec. 326 of the IPC, if no provisions of the Act would have been invoked, it would have been triable by the Court of Magistrate. Despite invoking the said provisions, though it remains to be tried by the Special Judge i.e. Court of Sessions, it makes no difference so far as punishment in both the Acts are concerned. He has further submitted that the injured is hale & hearty, remained in hospital only for two days, and he is out of danger. Therefore, he has prayed that the appellant be released on regular bail as charge sheet has come to be filed and there is no likelihood of interfering with the investigation.