PARTH JATINKUMAR PATHAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ADMIT. Ms. Jirga Jhaveri, learned Additional Public Prosecutor, waives service of notice of admission on behalf of respondent-State. Mr. Parthiv Shah learned advocate for respondent no.2 waives service of notice of admission.

(2.) By way of this appeal filed by the appellant-accused under Sec. 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 (hereinafter referred as 'the Act'), has challenged the order passed by the 9th Additional Sessions Judge Vadodara at Savli dtd. 12/8/2021 in Criminal Misc. Application No.326 of 2021 refusing to entertain the regular bail application of the appellant - accused in CR. No.11197057211404 registered with Vaghodiya Police Station for the offence punishable under Ss. 324 , 323 , 504 , 506(2) of the Indian Penal Code and Sec. 135 of the Gujarat Police Act and Sec. 3(2)(va) of 'the Act'.

(3.) Mr. Viral Dave, learned Advocate appearing on behalf of the appellant-accused submitted that the dispute between the parties is in respect of land involved in the present case which is situated at Vaghodiya. There are cross-cases filed against the parties and they are of similar nature as mentioned in the present FIR. He has further submitted that if the provisions of the Act is not invoked the rest of the offences alleged against the appellant-accused would be triable by the Court of Magistrate and the maximum punishment would be three years. Despite invoking the provisions of "the Act" the maximum punishment remains to be same but it would be tried by Court of Sessions instead of the Court of Magistrate. Therefore, he has requested that the appellant-accused be released on regular bail by imposing suitable conditions.