RAJAJI HEGOLJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor, Mr. Pujari, waives service of notice of Rule on behalf of the respondent-State. With the consent of learned Advocates for the parties, the matter is taken up, today, for final hearing.

(2.) The petitioners are accused of having committed offences punishable under Sections 143, 342, 395, 323, 504 and 506(2) of the Indian Penal Code and Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ("Atrocities Act" for short), by virtue of an F.I.R. lodged with Bhabhar Police Station at C.R. No-I-73 of 2004. They have, therefore, moved this petition under Article 226 read with Articles 14, 16 and 21 of the Constitution making following prayers :-

(3.) Learned Advocate, Mr. H.K. Patel, appearing for the petitioners submitted that the petitioners are sought to be falsely implicated and they, therefore, may be granted protection in terms of the prayers made in the petition, in exercise of extraordinary jurisdiction under Article 226 of the Constitution. He submitted that, prima facie, offence under the Atrocities Act is not made out and, therefore, powers may be exercised. He also submitted that the petitioners are not seeking anticipatory bail, but they are seeking a direction on the Investigating Officer to release them on bail in the event of their arrest in connection with the said offence or, in the alternative, they seek protection of this Court to surrender to the custody of the Special Court, Banaskantha, with a further permission to prefer an application for regular bail under Section 439 of the Code of Criminal Procedure and a direction to the Special Court to decide the said application on the same day and the petitioners may be treated to be in deemed custody of the Court till final disposal of the said application. Learned Advocate, Mr. Patel, has relied on certain orders passed by co-ordinate Benches of this Court and submitted that, likewise, this Court may exercise discretion in favour of the petitioners.