SHAILESH @ MITHUN DINESHBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. P.S.Champaneri, learned advocate for Mr. Hiren Somaiya, learned advocate for the appellants.

(2.) This Criminal Appeal is filed under Sec. 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 (for short 'the Act ') praying for an order of regular bail post submission of charge-sheet in connection with an offence registered at C.R.No.11204047210562 of 2021 with Nadiad West Police Station, Kheda, for the alleged offence punishable under Ss. 323, 504, 506(2) and 114 of the Indian Penal Code as also under Ss. 3(1) (r), 3(1)(s) and 3(2)(v-a) of 'the Act ' as also under Sec. 135 of the G.P.Act.

(3.) According to submission of Mr. P.S.Champaneri, learned advocate assisted by Mr. Hiren Somaiya, learned advocate for the appellants, except the offence under 'the Act ' all other offence alleged against the appellants would be triable by the Court of learned Magistrate. It is only because offence under 'the Act ' is invoked, which is according to learned advocate for the appellants is not made out, prima facie, the trial would be by the Court of Sessions or else all would have been released on bail on mere production of IPC offence. It is further submitted that despite the offence being triable by the Court of Sessions by Special Judge as provisions of 'the Act ' is invoked, in no case punishment is more than 05 years for any of the alleged offence, and therefore, the appellants be released on regular bail, post submission of charge-sheet as it has come to be filed on 06/12/2021.