ILIYASBHAI ABDULBHAI BADARPURA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned Additional Public Prosecutor Ms. Bhatt waives service of Rule on behalf of the respondent -State of Gujarat.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants have prayed to release them on bail in case of their arrest in connection with the FIR being C.R. No.I -30 of 2016 registered with Jadar Police Station, Sabarkantha for the offences punishable under Sections 143, 147, 148, 149, 323, 325, 337, 504, 506(2) of the Indian Penal Code, Section 135 of the Gujarat Police Act and Sections 3(i)(c) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(3.) At the outset, learned Additional Public Prosecutor Ms. Bhatt raised preliminary objection against maintainability of the present application under Section 438 of the Code of Criminal Procedure ('the Code') on the ground that one of the offences alleged is under Section 3(i)(c) of the Atrocity Act and submitted that by virtue of Section 18 of the Atrocity Act, application for anticipatory bail is not maintainable.