LAWS(GJH)-2022-11-1453

SANATSINH NANSINH PATEL Vs. STATE OF GUJARAT

Decided On November 24, 2022
Sanatsinh Nansinh Patel Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of this appeal filed under Sec. 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act read with Sec. 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. bearing C.R. No.II-2 of 2018 registered with Morva (Hadaf) Police Station, Panchmahal for offences punishable under Ss. 323, 504 and 506(2) of the Indian Penal Code and also under Ss. - 3(1)(R)(S), 3(2)(5-A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Heard Mr. U.M. Shastri, learned counsel appearing for the appellant, Ms. C.M. Shah, learned Additional Public Prosecutor appearing for the respondent - State.

(3.) Learned Advocate on behalf of the appellant has submitted that at the time of Uttarayan festival, the dispute occurred between the appellant and the respondent no.2 and the appellant has used abused word against the caste of respondent no.2. Learned advocate further submitted that there is no direct or indirect evidence to involve the appellant in the alleged offence. He has further submitted that the appellant was doing labour work at different places and he has no knowledge about the date of trial Court, so he was not remain present before the trial Court and therefore, the trial Court has issued warrant and arrested the appellant. Learned advocate further submits that he has no intention not to remain present before the trial court. He has submitted that this Court may release the present appellant on regular bail subject to any stringent conditions as may be imposed by this Court.