SHIVAMSINH MOHANSINH RAJPUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Ms. Manjula Chauhan, learned advocate appearing for the applciant - original accused and Mr. L.B. Dabhi, learned Additional Public Prosecutor on behalf of respondent nos.1 and 2.

(2.) The present appeal has been filed under Sec. 14(A) of the Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities) Act, 1989 and Sec. 439 of the Code of Criminal Procedure, 1973 by the applicant- undertrial prisoner for being released on temporary bail in connection with the FIR being I- C.R. No. 11210056201449 of 2020 registered with Dindoli Police Station, District-Surat, for offences punishable under Ss. 302 , 143 , 147 , 148 , 149 , 269 , 188 of the Indian Penal Code; under Sec. 135 of G.P. Act; under Sec. 3 of Epidemic Disease Act and under Ss. 3(2)(5) and 3(2) (5- A) of the Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities) Act, 1989 on the ground that the applicant - orig. accused is suffering from pus discharge from swelling over sacral region - piles problem.

(3.) Ms. Chauhan, the learned advocate for the appellant - orig. accused would submit that the applicant is suffering from certain ailments and whereas, though the learned Sessions Court has interalia noted that the ailments are such that could be treated in the Government Hospital, but considering the young age of the present applicant, the present applicant - orig. accused would want to have such ailments treated by a private doctor. Learned advocate would submit that the present applicant has been arrested on 22/6/2020 and whereas, he has never been released herein before. Learned advocate would also submit that the applicant is ready and willing to deposit an amount of Rs.50,000.00 with the jail authority, which amount would stand as surety for the applicant's surrender as per the time granted by this Court and whereas, it is also submitted that the applicant is ready and willing to submit all the conditions that may be issued by this Court.