HIRENBHAI RAGHUBHAI PARMAR ( BHARVAD) 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 for bail in connection with the FIR being C.R. No.I-06 of 2015 registered with Bagodara Police Station, Ahmedabad (Rural) for the offences punishable under Sections 302, 364, 201, 396, 506(2) and 120(B) of the Indian Penal Code and Section 3(1)(10) and 3(2)(5) of the Atrocity Act.

(2.) Short facts of the prosecution are that one Mr. Bipinkumar Ganpatbhai Solanki has lodged the FIR against the appellant and seven other accused and it is alleged that one Pravinaben Amrabhai Chavda, resident of village Loliya, Taluka Dholka, who happened to be maternal aunt of the complainant, has been killed by the accused persons as she was refusing to settle with the accused persons for earlier criminal complaint, wherein the brother of Pravinaben Amrabhai Chavda was killed. It is also alleged that while Pravinaben Amrabhai Chavda was returning after attending the hearing of her case pending with the Gujarat High Court, she was kidnapped and thereafter, she was killed and her belongings were taken away by the accused persons.

(3.) It is contended that in view of the FIR lodged, the appellant was arrested and thereafter, he filed one application, being Criminal Misc. Application No.864 of 2019, which was rejected by the Sessions Court on 14.3.2019.