ASHISHSING @ BINU KESARISING SING Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal filed under Section 14(A)(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act (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 I - C.R.No.458/2018 registered with Varachha Police Station, District: Surat for the offences punishable under Section 302, 143, 144, 148, 149, 120(B) and 34 of the Indian Penal Code, Section 3(2)(v-a) of the Atrocity Act and Section 135(1) of the Gujarat Police Act.

(2.) In pursuant to the aforesaid FIR, the accused has been arrested on 31.01.2019 and after necessary investigation, the charge-sheet has been filed.

(3.) The short facts of the prosecution case are that the FIR came to be lodged inter alia on the allegation that in November 2011, one Bhagabhai alias Bhagwan Ramji Rabari was murdered and for such commission of crime, the deceased namely Chetan and others were arrested. That, in the year 2015, all the accused including the deceased were convicted for life imprisonment. That the deceased was in jail in pursuance of the conviction and sentence. It is alleged that on 10.12.2018, the deceased came out of the jail for 15 days and he had to surrender before the jail authority on or before 25.12.2018. It is also alleged that on 19.12.2018, when the complainant was at his residence, at around 9.00 o'clock at night, some police personnel came to his residence and inquired about the deceased and upon inquiry, the complainant came to know that his nephew i.e. deceased was killed by someone and, therefore, he lodged the complaint.