MAHEDRABHAI MANILAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal under Section 14(A)(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter be referred to as "the Atrocity Act" for short) at the instance of the appellant - original accused to quash and set aside the judgment and order dated 29.3.2019 passed in Criminal Misc. Application No.182 of 2019 passed by the Trial Court and for enlarging the appellants on bail in connection with the FIR being C.R. No.I-23 of 2019 registered with Chanasma Police Station, Patan dated 20.3.2019 for the offences punishable under Sections 323, 341, 504, 506(2) and 114 of the Indian Penal Code and Section 3(1) (r), 3(1)(s) and 3(2)(va) of the Atrocity Act.

(2.) Short facts of the prosecution are that the complainant was taken away by one Rameshbhai and other unknown person on bike to the field while the complainant was entering the examination center to appear for his 12th Board examination. It is also contended that he was tied with a tree near the field and beaten and telling him that he must not appear for exams any further and thereafter, he was immediately released.

(3.) It is contended that the FIR has been lodged after two days without any specific reasons as to delay. The accused- appellants were arrested and they preferred regular bail application before the Sessions Court at Patan, being Criminal Misc. Application No.182 of 2019, but the same came to be rejected by order dated 29.3.2019.