PRAKASH BHIMJI BERA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr.Bhavin Thaker, learned advocate submitted that Mr.D.H.Kanthariya, learned advocate has instructions to appear for Respondent No.2 and he seeks time as Mr.Kanthariya, learned advocate has filed sick note. However, as recorded in the order dtd. 30/11/2021, notice of admission was served upon Respondent No.2 on that day. However, it must have been served even prior to the endorsement found on the cause list and information is supplied by the office that it has already been served on 30/11/2021. It is further recorded in the order that Respondent No.2 is neither present in person nor through an advocate. Today also, the first informant is neither present nor any appearance on behalf of him is filed by any of the advocate. Mere mentioning the matter seeking time on behalf of first informant who was served long back and trying to delay the hearing of this matter cannot be entertained. Hence, request to adjourn this case as Mr.Kanthariya, learned advocate having instructions to appear for Respondent No.2 is hereby refused.

(2.) Heard Mr.Nishith Acharya, learned advocate for the appellant as also Ms.C.M.Shah, learned APP for the Respondent- State.

(3.) This Appeal is filed under Sec. 14 A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter referred to as 'the Act') praying for an order of regular bail post submission of charge- sheet in connection with FIR being C.R. No.11993010200842 of 2021 registered with Rapar Police Station for an offence punishable under Ss. 302 and 120B of the Indian Penal Code, under Sec. 135 of Gujarat Police Act and under Sec. 3(2)(v) of 'the Act'.