KARAMSHIBHAI MAVJIBHAI ZINZUVADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Ms. Zeel Raval for learned advocate Mr. Virat Popat for the appellant in Criminal Appeal no.243/21, learned advocate Mr. Maulik G. Nanavati for Nanavati & Co. for the appellant in Criminal Appeal no.361/21, Mr. L.B. Dabhi, learned Additional Public Prosecutor for the respondent - State and Mr. H.S. Munshaw, learned advocate for the first informant in both the matters.

(2.) The appellants herein, having been arraigned as accused in connection with FIR no. 11211016200583/2020 registered with Dhrangadhra Taluka Police Station, District Surendranagar for the offence punishable under Ss. 409 , 420 , 465 , 466 , 467 , 468 , 471 , 474 , 166 , 167 of the Indian Penal Code and Ss. 3(2) , 5(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act ), 1989, have preferred these appeals praying for being released on anticipatory bail.

(3.) Learned advocates for the appellants, at the outset, would point out that while the FIR, inter-alia, alleged the offence punishable under the IPC , whereas, at the stage of the application for anticipatory bail, the learned Sessions Court had, inter-alia, observed that since some of the beneficiaries, of the scheme in question, and who appears to have been defrauded, were persons belonging to the Scheduled Caste, therefore, the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act ), 1989 was required to be invoked and whereas, it is in such context that the offence punishable under Sec. 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act ), 1989 had been invoked.