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Gujarat HC: If no Prima Facie Offense is established, Anticipatory Bail can be granted

Team SoOLEGAL 10 Mar 2022 8:18pm

Gujarat HC: If no Prima Facie Offense is established, Anticipatory Bail can be granted

NEW DELHI:On March 2, 2022, the Gujarat High Court in the case of Chaudhary PravinbhaiRevabhai v. State of Gujarat, comprised of a single judge bench led by Justice BN Karia, heard a criminal appeal challenging the quashing of a bail application for offences under Sections 323, 332, 504, 506(2), and 114 of the Indian Penal Code, as well as Section 3(2) (5-a) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989. The Bench made the observation that, “If we read the entire FIR, no any abusive words were used by the present appellant or any other persons in respect of the caste of the complainant as appellant was not at all aware about the caste of the complainant. It also appears from the record that subsequent report was submitted by the Police Officer of the Vadnagar Police Station to learned Judicial Magistrate at Kheralu to add Section 3(2) (5-a) of the Atrocities Act disclosing that after registering the complaint, as the complainant was member of the Scheduled Caste or Scheduled Tribe, this Section 3(2) (5-a) was requested to be added in the FIR. There is no mention in the subsequent report of the Police Officer of Vadnagar Police Station that appellant had a knowledge in respect of the caste of the respondent No.2. Investigating Officer came into knowledge about the caste of the respondent No.2 and therefore, this report appears to be submitted by Investigating Officer.” The Court cited the Supreme Court's decision in SubhashKashinath Mahajan Vs. State of Maharashtra, reported in 2018(6) SCC 454, which held that there really is no absolute bar to anticipatory bail in cases underneath the Atrocities Act if no prima facie case is made out or the complaint is discovered to be prima facie mala fide after judicial scrutiny. The present appellant is not implicated in the charge by just saying something about someone's caste. In his complaint, the complainant makes no specific charges against the current appellant of committing any offence under Sections 3(2)(5)(a), 3(g), 3(p), 3(r), 3(s)(z)(c), and under Section 8 of the Atrocity Act. The current criminal appeal was granted by the Court. However, this is without prejudice to the accused's right to seek a stay against a remand order if it is finally granted, and the learned Magistrate's power to examine such a request in accordance with the law. It is underlined that the appellant, even if remanded to police custody, shall be released immediately upon completion of such period of police remand, subject to the other terms of this anticipatory bail order. The prima facie observations made by this Court while enlarging the appellant on bail should have no influence on the trial Court.

Tagged: Gujarat HC   Anticipatory Bail   Justice BN Karia   Indian Penal Code   Atrocity Act  
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