STATE OF GUJARAT Vs. MADIA NITIN M

JUDGEMENT

(1.) Aggrieved by the order dated 22-8-1994 passed by the learned Chief Judicial Magistrate, Jamnagar releasing the respondent/accused on bail in C. R. No. 56 of 1994 for the offence under Secs. 323, 504 and 506(2) of Indian Penal Code read with Sec. 3(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ("the Act" or "Atrocity Act" for short hereinafter), State of Gujarat has preferred this petition under Sec. 439(2) of the Criminal Procedure Code ("Code" for short hereinafter) for cancellation of bail.

(2.) It is argued on behalf of the State that alongwith offences under Indian Penal Code the respondent was also charged for offence under Sec. 3(10) of the Act and by virtue of Sec. 14 of the Act, the offence under the said Act is exclusively triable by Special Court in the cadre of Session Court; hence, the Magistrate having no jurisdiction ought not to have entertained the bail application. It is not in dispute that alongwith the offences under the said Act the respondent is also charged for commission of offence under Secs. 323, 504 and 506(2) of the Indian Penal Code. It is needless to say that the offences under the I.P.C. for which the respondent is charged are triable by a Court of Magistrate and, therefore, any Magistrate would have power to entertain bail application under Sec. 437 of the Code. Therefore, the moot question arising for consideration of this Court is in a case where the accused is also charged for commission of offence under any of the provisions of the Act - is the Court of Magistrate empowered to entertain bail application and pass appropriate orders ? Mr. Divetia, learned A.P.P., has relied upon provisions of Secs. 14, 15 and 20 of the Act. For the sake of convenience, the aforesaid sections are reproduced hereunder. Sec. 14 of the Act reads as under :

(3.) Mr. Bavishi, learned Advocate for the respondent, has drawn my attention of this Court to Sec. 4 of the Code which reads as under :