RAJABHAI HAJABHAI SAMBAD (RABARI) 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) Act, 1989 (hereinafter be referred to as "the Atrocity Act" for short) at the instance of the appellants original accused for bail in connection with the FIR being I - C.R.No.13/2019 registered with Sayla Police Station, District: Surendranagar for the offences punishable under Sections 325, 504, 506(2), 114 of the Indian Penal Code, Section 135 of the Gujarat Police Act and Section 3(1)(r)(s), 3(2)(v-a) of the Atrocity Act.

(2.) It is submitted by the appellants that they were arrested in connection with the aforesaid offence on 26.02.2019 and they are in custody since then. It is submitted that the appellants have preferred Criminal Misc. Application No.63 of 2019 before the District and Sessions Court at Limbdi which came to be rejected by the learned 3rd Additional Sessions Judge, Limbdi vide order dated 02.03.2019. According to them, they are innocent and falsely implicated in the alleged offence and the co-accused, who had preferred the bail application, has been enlarged on bail and, therefore, on the ground of parity, the appellants may be enlarged on bail. It is submitted that the appellants are aged around 25 and 22 years and except the offence punishable under Section 506(2), all the offences are bailable and, therefore also, they may be enlarged on bail on suitable conditions. On this ground, it is prayed to quash and set aside the order passed by the learned Additional Sessions Judge and to enlarge them on bail.

(3.) Heard Mr.Apurva Kapadia, learned advocate for the appellants, Ms.Monali Bhatt, learned Additional Public Prosecutor for respondent No.1 and Ms.Taruna Makwana, learned advocate for respondent No.2.