PANKAJBHAI POPATBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All these Appeals praying for an order of regular bail are filed by the respective appellants, post submission of charge-sheet, in connection with offence registered at C.R. No.11211016220357 of 2022 with Dhrangadhra Taluka Police Station, Surendranagar for the alleged offence punishable under Ss. 143 , 147 , 148 , 149 , 324 , 323 , 504 and 506(2) of the Indian Penal Code, under Sec. 135 of the Gujarat Police Act and under Ss. 3(1)(r), 3(1)(s), 3(2)(va) of the Schedule Caste and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter referred as 'Atrocities Act').

(2.) Heard Mr. M.K. Poojara, learned advocate for the appellant of Criminal Appeal Nos.242 of 2023 & 244 of 2023. Mr. Sajid Kariyaniya, learned advocate, is appearing in Criminal Appeal No.204 of 2023 but he has filed sick note. All these Appeals arise from the same FIR. Hence, all these Appeals are heard together despite sick note filed by Mr. Sajid Kariyaniya.

(3.) Mr. Poojara, learned advocate for the respective appellants, submitted that maximum offence under the Indian Penal Code alleged is under Sec. 324 of the Indian Penal Code, which otherwise is triable by the Court of Magistrate but with the invocation of the provisions of 'Atrocities Act', it would become triable by the Special Court i.e. Sessions Court. He has further submitted that for the incident dtd. 18/8/2022, FIR has come to be filed on 21/8/2022, that too, at 10:30 p.m. and explanation for delay mentioned in the FIR is that since after treatment there were talks for compromise going on and it was not materialized, it is filed late. He has further submitted that the co-accused - Sanjaybhai Mangabhai Koli, who is alleged to have inflicted pipe blow over the back of the first informant is released on bail vide order dtd. 10/1/2023 passed in Criminal Appeal No.2583 of 2022 where the co- appellant - Kishorebhai is alleged to have given slap to the first informant and the appellant - Pankajbhai Popatbhai, who is armed with pipe has assaulted the first informant as claimed in the FIR whereas Ratilal Bhagvanbhai Maheriya - the appellant of Criminal Appeal No.244 of 2023 is also alleged to have assaulted with stick the first informant. However, the other appellant - Mukundbhai Maheriya is alleged to have shown knife and uttered derogatory words about the caste of the first informant, and therefore, he has submitted that the case against the appellants is, if not better, but stand on similar footing to that of the accused - Sanjaybhai Mangabhai Koli, who is already enlarged on regular bail by coordinate Bench of this Court, and therefore, it is submitted that all the appellants be released on regular bail post submission of charge-sheet.