VANRAJBHAI @ VANABHAI DILUBHA VALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the 'Act, 1989'), the appellant - original accused challenges the order dated 22.10.2020 passed by the learned Additional Sessions Judge, Amreli in Criminal Misc. Application No.491 of 2020 whereby, the learned Sessions Judge refused to grant regular bail under Section 439 of the Code of Criminal Procedure to the appellant original accused in connection with the F.I.R. being C.R.No.I- 143 of 2018 registered with Amreli Rural Police Station for the offence punishable under Sections 307, 325, 447, 325, 324, 323, 506(2), 365, 34 of the Indian Penal Code, under section 135 of G.P.Act and under sections 3(1)(RS), 3(2)(5), 3(2)(5)(A) of the Atrocities Act.

(2.) The case of the prosecution is as under :-

(3.) Heard learned advocates for the respective parties. It appears that the appellant came to be arrested on 01.10.2020 and as stated at bar warrant under section 70 is issued against the appellant and further the appellant is involved in various offence, more particularly, referred by learned Trial Judge in para 7.1. On such grounds, learned APP has objected appeal and release of appellant on bail, pending trial. It may be true that the appellant is involved in other offences and he came to be arrested pursuant to warrant issued under section 70. In normal circumstances, bail application filed by absconding accused cannot be considered, but in the case on hand, there is no iota of evidence on record to remotely suggest that appellant is involved under section 307 of IPC, more particularly, no any T.I. parade before injured is held / arranged by the Investigating Officer qua the present appellant. Therefore, it is not legal and proper to deny bail to the appellant on account of pendency of other offences registered against the appellant. The present appeal therefore, deserves consideration.