LAWS(GJH)-2019-10-168

KEDARSINH SOVANSINH RATHOD Vs. STATE OF GUJARAT

Decided On October 19, 2019
Kedarsinh Sovansinh Rathod Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Denial of bail for the offences punishable under Sections 498A,, 323, 506(1), 114 of the Indian Penal Code (for short 'IPC') and Section 5(2)(3)a, 3(1)R of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in connection with the FIR registered at C.R. No.I? 167 of 2019 with Chandkheda Police Station; by an order dated 09.08.2019 passed in CR.MA No. 1050 of 2019 by the learned 3rd Additional Sessions Judge, Gandhinagar has given rise to this appeal under Section 14?A(2) of the SC and ST Act.

(2.) On consideration of the rival submissions, it would appear that the averments in the FIR that the accused are not the members of Schedule Caste and Schedule Tribe are missing. In case of Gorige Pentaiah v. State of Andhra Pradesh [(2008) 12 SCC 531], such averments in the FIR are mandatory in absence of which the FIR itself was quashed. Thus even under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the appellants ought to have been considered for the bail.

(3.) This court further finds on perusal of the FIR that the averments are general and vague and are not of the degree defined under Section 498A of the IPC. It is also not made clear in the FIR as to how the case would fall under Section 506(1) of IPC. The other provision i.e. Section 323 is bailable offence and thus in the opinion of this court the case for bail in anticipation of the arrest is made out.