VAGHELA DILIPBHAI GULABSANG Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Act") is preferred by the appellants challenging the order passed by the learned 8th Additional Sessions Judge, Ahmedabad (Rural) Mirzapur dated 24.06.2019 in Criminal Miscellaneous Application No.1977 of 2019 rejecting the prayer for anticipatory bail of the appellants.

(2.) The appellants are facing FIR for an offence punishable under Sections 302, 364 and 114 of the Indian Penal Code (herein after referred as "IPC") as also under Section 3(2) (v) of the Act filed by respondent no.2 herein.

(3.) Shri Bhargav Bhatt, learned advocate for the appellants submits that not only the appellants but no accused could have been prosecuted for the offence under the Act as the deceased, against whom an offence is committed, as alleged in the FIR, belongs to Scheduled Tribe of State of Rajasthan. He has drawn the attention of the Court to the FIR where the first informant - wife of the deceased made it clear that she herself is of Scheduled Caste of Gujarat State and her husband is of Scheduled Tribe, who is native of State of Rajasthan.