Guj HC | Bail granted to accused booked under SC/ST Act since substantial investigation was over and no other offence was registered

Gujarat High Court: The Bench of S.H. Vora, J. allowed an appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 whereby the appellant–original accused challenged the order passed by the Sessions Judge, whereby, the  Sessions Judge had refused to grant anticipatory bail under Section 438 of the Code of Criminal Procedure.

The Counsel for the respondent stated that the text of the SMS messages between the parties prima facie indicated that there was a commission of offence under the provisions of the said Act and, therefore, no discretionary powers should be exercised against the appellant.

The Court, while relying on the case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, held that since the substantial investigation was over and no any other offence was registered the appeal should be allowed. [Pratikkumar Rajeshbhai Patel v. State Of Gujarat, 2019 SCC OnLine Guj 137, Order dated 24-01-2019]

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    This judgements are one of social justice to uphold the constitutional fundamental rights of the citizens of the country

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