Gujarat High Court
Savitaben Hasmukhbhai Patel vs State Of Gujarat on 28 April, 2015
Author: Paresh Upadhyay
Bench: Paresh Upadhyay
R/CR.MA/7268/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL )
NO. 7268 of 2015
===========================================================
SAVITABEN HASMUKHBHAI PATEL
AND ANR. ...Applicants
Versus
STATE OF GUJARAT ....Respondent
================================================================
Appearance:
MR ANKUR Y OZA, ADVOCATE for the Applicants
MR L B DABHI APP for the Respondent State
================================================================
CORAM: HONOURABLE MR.JUSTICE PARESH UPADHYAY
Date : 28/04/2015
ORAL ORDER
1. This is an application by two persons who apprehend their arrest in connection with CR-I No. 03 of 2015 registered with the Hansot Police Station, for offences punishable under Sections 143, 147, 148, 149, 332, 337, 427, 435, 323, 504, 506, 325, 295, 452, 380 and 120B of the Indian Penal Code, Section 135 of the Gujarat Police Act and Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. This Court, while issuing Notice on 17.04.2015, had protected these applicants.
3. Mr.L.B.Dabhi,learned Additional Public Prosecutor has contested this application and has submitted that the protection granted by this Court earlier in favour of the applicants be not continued. Learned APP has also submitted Page 1 of 3 R/CR.MA/7268/2015 ORDER that since the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 are invoked, it would be impermissible for the Court to grant / continue such protection.
4. Having heard learned advocates for the respective parties and considering the totality, this Court finds that, the matter requires detailed consideration.
5. Rule.
6. The interim protection granted earlier need not be vacated, during the pendency of this application, for the following reason.
6.1 As noted above, initially the F.I.R. was registered on 14.01.2015 for the offences punishable under Sections 143, 147, 148, 149, 332, 337, 427 and 435 of the Indian Penal Code and Section 135 of the Gujarat Police Act.
6.2 After about a fortnight, on 30.01.2015, other Sections are added like Sections 323, 504, 506, 325, 295, 452, 380 and 120B of the Indian Penal Code and Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
6.3 The narration in the complaint describes in detail the unrest in the town on the festival day (14.01.2015), and the reasons for it. From the reading thereof, an unmistakable picture emerges and that is of communal unrest (i.e. two groups divided on religions, and not caste). In the village, there Page 2 of 3 R/CR.MA/7268/2015 ORDER was aggression from both the sides and necessarily, if somebody wishes, it can further be divided in sub-groups of castes. It is this perversity, which is implemented by the Investigating Agency, prima facie, for the reasons other than bona fide. Be that as it may, if the law laid down by Honourable the Supreme Court of India in the case of Siddaram Satlingappa Mhetre vs. State of Maharashtra reported in AIR 2011 SC 312 is kept in view, refusal to protect the applicant would be in straight conflict with the mandate of the Apex Court and it would endorse the attempt of the vested interests to further divide the divisions in the town. This would, in no way, serve the purpose sought to be achieved by the law makers while enacting the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Not only it is so, in the present case, it would prove to be counter-productive.
6.4 In view of above, it is ordered that, the interim protection granted by this Court on 17.04.2015 shall continue during the pendency of this application.
6.5 It is noted that, along with this matter two other applications being Criminal Miscellaneous Application No.6148 of 2015 and 6149 of 2015 are also considered by this Court today and identical order is passed.
Direct service is permitted.
(PARESH UPADHYAY, J.) Amit/130 Page 3 of 3