BAPUJI MANGALJI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Imtiyaz Mansuri, learned advocate for the appellants.

(2.) This appeal is filed praying for an order of anticipatory bail in connection with an offence registered at C.R.No.11204027210779 of 2021 with Kathlal Police Station, District - Kheda, for the offences punishable under Ss. 323, 504 and 114 of the Indian Penal Code as also under Ss. 3(1)(r), 3(1)(s) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Atrocities Act ').

(3.) Mr. Mansuri, learned advocate for the appellants submitted that the main dispute lies in the old land transactions which the complainant wants to capitalize on the same, and therefore, despite nothing has occurred as asserted in the FIR in respect of offence alleged under 'the Atrocities Act ' as also IPC, the appellants are framed in this offence so as to resolve the old pending property dispute with the parties. Therefore, he has submitted that though it is asserted in the FIR invoking the provisions of 'the Atrocities Act ', it has been filed with an ulterior object so as to deprive the appellants of other statutory remedies available under the Code. Therefore, he has submitted that the appellants be enlarged on anticipatory bail.