LAWS(GJH)-2024-1-31

RAJPUT HAMIRJI KHODABHAI Vs. STATE OF GUJARAT

Decided On January 23, 2024
Rajput Hamirji Khodabhai Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The present appeal is filed under Sec. 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "Atrocities Act") read with Sec. 438 of the Code of Criminal Procedure, 1973, the appellant accused has prayed to release him on anticipatory bail in the event of their arrest in connection with the FIR being C.R. No.11195050220879 of 2022 with Tharad Police Station for the offences punishable u/s 467, 468, 471, 120B, 143, 447, 504, 506(2) of the IPC and u/s 3(1)(f), 3(1)(g), 3(1)(r), 3(1)(s), 3(2)(va) of the Atrocities Act.

(2.) Learned advocate for the appellant submits that considering the nature of allegations, role attributed to the appellant, the appellant may be enlarged on anticipatory bail by imposing suitable conditions.

(3.) Learned advocate Ms. Dilbur Contractor for the complainant would submit that the transaction was taken place on Rs.3.5 stamp and that document is yet to be recovered by the investigation. She would further submit that the investigation is going on at snell's pace. She would further submit that though NA permission was granted, such order has been challenged by the complainant before the higher Revenue Officer and the revenue proceedings are going on. She would further submit that the complainant is still in possession of the land till date. Thus, she requests to dismiss the appeal.