RAMESHBHAI BHAGWANBHAI JADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. Harshit S. Tolia on behalf of the appellant in Criminal Appeal No. 499 of 2018, learned Advocate Mr. B.M. Mangukiya on behalf of the appellants in Criminal Appeal Nos. 603 of 2021 and 854 of 2021, learned Advocate Mr. R.J. Goswami on behalf of the appellant in Criminal Appeal No. 880 of 2019, learned APP Mr.L.B. Dabhi for the respondent-State and learned Advocate Ms. Megha Jani for the respondent No.2- first informant in all these matters.

(2.) These appeals are filed by the appellants, under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Sec. 439 of the Code of Criminal Procedure, 1973, for being released on regular bail in connection with F.I.R. registered as C.R.-I No.127 of 2016 on 11/7/2016 with Una Police Station, District Gir Somnath, for the offences punishable under Ss. 307, 397, 395, 365, 355, 354, 342, 147, 148, 149, 324, 323, 504, 506(2), 120(B), 201, 166A, 167, 466, 177, 204, 294(b), 505(1)(b), 509, etc. of the Indian Penal Code; Ss. 135 of the Gujarat Police Act; Ss. 3(1)(e),(r),(s),(u), 3(2)(5a), 3(1)(d), 3(1)(za)(E), 3(1)(w)(i),(ii), 3(2)(vi), 3(2)(vii), 4 etc. of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989; Ss. 66A and 66B of the Information Technology Act.

(3.) Apart for the role attributed to the appellants, as coming out from the FIR and the charge-sheet, the only difference while considering the case of the appellants for regular bail, would be the fact that the appellants of Criminal Appeal No. 499 of 2018 and Criminal Appeal No. 854 of 2021, have preferred the appeals for second time, hence they are successive appeals, more particularly the said appellants having approached this Court in the year 2017 and learned Co-ordinate Bench of this Court having permitted the said appellants to withdraw the said appeals with liberty to file fresh appeals if the trial does not commence within a reasonable time period. Insofar as the other appellants i.e. the appellants in Criminal Appeal Nos. 603 of 2021 and 880 of 2019 are concerned, the said appeals have been filed by them for the first time seeking to be released on regular bail.