LAWS(GJH)-2018-9-146

DEVJIBHAI GANESHBHAI PATEL (KATHROTIYA) Vs. STATE OF GUJARAT

Decided On September 14, 2018
Devjibhai Ganeshbhai Patel (Kathrotiya) Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This Appeal is filed by the appellants under Section 14(A) of the Atrocities Act and section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail in the event of their arrest in connection with FIR registered at C.R. No.II-23 of 2018 before Panthawada Police Station, District-Banaskantha for the offences under Sections 323, 294(B), 506(2) and 114 of the Indian Penal Code, and Section 3(1)RS, 3(2), 5(A)of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Learned advocate appearing on behalf of the appellants would submit that considering the nature of offence, the appellants may be enlarged on anticipatory bail by imposing suitable conditions.

(3.) On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed this appeal and granting anticipatory bail to the appellants looking to the nature and gravity of the offence. Learned APP submitted that in view of section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, anticipatory bail may not be granted.