DINESH MULJIBHAI BAGADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) At the time of dictation, learned advocate Mr. Ashish M. Dagli for the appellant No.1 submits that he does not press the appeal qua appellant No.1- Dinesh Muljibhai Bagada. Hence, the appeal stands disposed of qua appellant No.1. Notice is discharged. Now, this appeal is restricted only qua appellant No.2- Kiritbhai @ Mama Vallabhbhai Kalariaya.

(2.) 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 appellants - original accused for anticipatory bail in connection with the FIR being C.R. No.I-02 of 2019 registered with Jamkandorna Police Station, Rajkot (Rural) for the offences punishable under Sections 306 and 114 of the Indian Penal Code, Sections 40 and 42(d) of the Money Lending Act and Section 3(2)(5) of the Atrocity Act.

(3.) It is the case of the appellants that complainant Virabhai Keshubhai Parmar alleged that on 31.12.2019, at about 8.30, the complainant was at his work place, his father was was not present and at about 2 O'clock, in the afternoon, the complainant got call that his father was not well and was admitted in Sukhwala doctor at Gondal and on such information being received, he went to the said place and found that his father has passed away. It is alleged that thereafter, the deceased was taken to the Government hospital at Jamkandorna for postmortem. It is alleged that one Manish told the complainant that at about 2 O'clock, his father was sitting near the tree and he was unconscious and from the dickey of the motorcycle, a chit was found wherein his father had noted that because of financial crisis, he has taken this step and one Dinesh and Kirit have taken the benefit of his father and therefore, he had taken this step.