LAKHABHAI VIRABHAI KHER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals are filed under Sec. 14(A) of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities Act , 1989) (hereinafter referred to as " The Act ") praying for an order of anticipatory bail in connection with the offence registered as C.R. No. I - 103/2019 with Prabhas Patan Police Station, District: Gir- somnath for the alleged offence punishable under Ss. 143 , 504 , 403 and 323 of the Indian Penal Code (hereinafter referred to as " IPC ") as also under Ss. 3(2) (v-a) of "the Act".

(2.) Mr. Y.J. Patel, learned advocate for the appellants submitted that the appellants herein are members of the Panchayat as also the citizens staying in the said village. While they were performing their duty of removing encroachment made by first informant and her family members, they were pelted stone by the first informant and her family members causing injuries preventing them from carrying out official duties for which an FIR has come to be filed by Talati-cum- mantri of the village, who is also one of the accused in the present FIR. Not only that, son of the present first informant, who is claimed to have received injury in the present case, is an accused in the FIR filed by the Talati-cum-mantri where he is stated to have damaged the mobile phone of Talati-cum-mantri, who was video recording the misdeeds of the first informant and her family members and broke the same. Therefore, he has submitted that while members of the Panchayat and village people were performing their duty to remove encroachment made by the first informant and her family members, they were assaulted at about 9:30 a.m. in the morning on 15/12/2019 and in retaliation thereof the present first informant has filed FIR invoking the provisions of "the Act" showing even time of commission of an offence to be half and hour after the time of the offence shown in the cross case. He has further submitted that filing of the present FIR against the appellants is nothing but an attempt on the part of the first informant and her family members to dissuade members of the Panchayat to pull down their illegal encroachment and if anyone dares do it, to threaten of their implication in such cases. He has further submitted that there are no injuries, as claimed in the FIR, found either on the first informant or her son, and therefore, the present FIR is filed for non-existent incident with a view to deter the public servants i.e. members of the Panchayat to initiate action for illegal encroachment against the first informant and her family members, and therefore, since no prima facie case is made out, it is requested that, the appellants be released on anticipatory bail.

(3.) As against that, Ms. C.M. Shah, learned APP as also Ms. Shivangi Rana, learned advocate for the respondent No.2 - original first informant submitted that since the appellants have assaulted them and inflicted kick and fist blows, the first informant had to give an FIR while she was under treatment in Veraval Government Hospital. It is further submitted that, as alleged in the FIR, all persons named in it have beaten her and her son who tried to intervene and save her. It is further submitted that since the first informant as also her son has to take treatment in the hospital, an offence under Sec. 323 of the " IPC " as claimed in the FIR is made out and it being scheduled offence, the offence under Sec. 3(2) (v-a) of "the Act" would be attracted, and therefore, in view of Sec. 18 of "the Act", these appeals praying for an order of anticipatory bail are not maintainable. Therefore, they have submitted that the appeals be dismissed.