VANRAJBHAI KANUBHAI KHACHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has filed Criminal Misc. Application No. 539 of 2019 before the court of learned (Ad-hoc) Additional Sessions Judge, Botad u/s 439 of the Code of Criminal Procedure, 1973 requesting to enlarge the appellant on regular bail on account of offence being registered vide I - C. R. No. 34 of 2019 with Ranpur Police Station, District-Botad for the offence punishable u/s 302, 504, 506(2), 427, 143, 147, 148, 149 , 120 (B) and 135 of the Indian Penal Code u/s. 3 (1) (R) (S) and 3(2)(5-A) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989 (for short "the Atrocities Act"), wherein the learned (Ad-hoc) Additional Sessions Judge, Botad rejected the said application on 27. 09. 2019. Feeling aggrieved by the said order, the appellant preferred said appeal u/s 14A(2) of the Atrocities Act.

(2.) Heard learned advocate for the appellant, learned APP for the respondent no. 1- State and learned advocate for the respondent No. 2.

(3.) Learned advocate for the appellant has submitted that the present appellant is wrongly involved in the offence by the Investigating Agency. He further submits that charge-sheet is filed and nothing is found against the present appellant. That, the Sessions Court has failed to appreciate the post-mortem report as the cause of death is due to multiple injuries. Looking to the F. I. R. there is no role attributed to the present appellant inflicting any injury to the deceased. As per the F. I. R. , appellant was not present at the place of incident when it was occurred. Appellant is made accused in the present F. I. R. only on the basis of the statement of the complainant and his family members. Hence, it was requested by learned advocate for the appellant to quash and set aside the impugned judgment and order passed by the learned (Ad-hoc) Additional Sessions Judge, Botad .