LAWS(GJH)-2014-11-4

IMTIYAZBHAI @ INTO SAHEBKHAN KURESHI Vs. STATE OF GUJARAT

Decided On November 05, 2014
Imtiyazbhai @ Into Sahebkhan Kureshi Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) BY way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered at C.R. No.I - 33 of 2014 with Umalla Police Station, Bharuch.

(2.) SINCE the respondent State of Gujarat has opposed this bail application mainly on the ground that this application is filed for anticipatory bail under section 438 of Code of the Criminal Procedure and since the applicant has committed the offence under the provision of SC/ST Act, hence he is not entitled for such prayer which is specifically barred under the provision of Section 18 of the SC/ST Act.

(3.) BRIEF facts arise from the record are as under: