AJAY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 1. Heard learned Advocate Mr. Gajendra Baghel on behalf of the appellant and learned Additional Public Prosecutor Mr. L.B. Dabhi on behalf of the respondents no. 1 and 3. Though served none appears on behalf of respondent no.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 appellant- undertrial prisoner for being released on temporary bail in connection with the FIR No. 11210056201449 of 2020 registered with Dindoli Police Station, Surat, for offences punishable under Ss. 302, 395, 324, 324, 326, 143, 144, 147, 148, 149, 269, 120B, 201, 188 of the Indian Penal Code, Sec. 135 of the Gujarat Police Act, Sec. 3 of the Epidemic Diseases Act and under Ss. 3(2)(5) and 3(2)(5-A) of the Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities) Act, 1989 for the purpose of attending Mundan ceremony of his son.

(3.) Considering the submissions made by learned Advocate Mr. Baghel and having regard to the fact that the present appellant has been in custody form June 2020 and having not been released any time hereinbefore and having regard to the documents on record, in the considered opinion of this Court the appeal deserves to considered but with appropriate conditions.