IMPORTANT POINT
Section18 of Scheduled Castes (Prevention of Atrocities) Act, 1989 does not absolutely bar grant of anticipatory bail when the offence punishable under said Act is alleged in the complaint.

JUDGMENT

K. J. Vaidya, J. - Rule, Mr. P.S. Chapaneri, the learned A.P.P. waives service of the Rule on behalf of the respondent State.

"Whether in cases wherein the accusation in the complaint leveled against any person is to the effect that he has committed an offence punishable under Section 3 of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 (for short" Atrocities Act"), which on prima facie judicial scrutiny is found to be not free from doubt, can then in such cases the accused person be blindly and mechanically denied the benefit of anticipatory bail Order Section 438 of the Criminal Procedure Code, 1973 (for short "the Code") by virtue of the provision contained in Section 18 of the Atrocities Act, merely because he has been so mischievously branded as an accused of having committed an offence under the Atrocities Act?" This is in short the fundamental question of a considerable importance touching upon the applicability and the interpretation of Section 18 of the A trocities. Act vis-a-vis the precious right of the accused under section 438 of the Code to get the anticipatory bail which this Court is incidentally called upon to consider and decide.

2. Few relevant fads necessary to decide the question raised above, as per the story given out by the complainant Babubhai Chhaganbhai Patel, are to the effect that on 4.7.1991 at 9.00 a.m. when he was at his residence taking supper, the petitioner-accused Pankaj D. Suthar, R.F.O. at Godhra in company of four others came in a jeep bearing GJH-4451 and keeping the same at some distance sent Beat-guard -Usmanbhai Pathan, to call him, who on coming to the house informed the complainant that Ranger Saheb was waiting out side and was calling him to this, the complainant replied that he was coming, but since this reply did not satisfy Usamanbhai, he was dragged out and while pushing was taken near the jeep where the petitioner-accused and others surrounded him and ordered him to take scat in the jeep. According to the complainant, when he stated that he would be coming and meeting them next day morning, the petitioner-accused not liking this reply, got enraged and he with the help of Round forester Mr. Somabhai Ahir got him bodily lifted and dumped in the rear portion of the jeep and then drew away. On way all throughout, he was beaten and with a view to see that he did not raise any shouts, his mouth was gagged, shut by inserting a piece of cloth. Thereafter, he was taken to the quarters of Malanpada Depot and there also he was severely beaten up and given threats with a view to obtain signature on some confessional statement. However, since the complainant did not oblige by yielding to the said pressures, the petitioner-accused and 5-6 others started beating him with sticks, iron bars and also with fists and kicks on various parts of his body, as a result of which he was unconscious. According to the complainant, when he regained consciousness, he asked for water. At that time, the petitioner-accused and accused No.2 after conversing inter se instead of giving water to drink, asked the complainant to drink his own excreta (urine). On refusing to do so, the complainant was once again further beaten up this time with a view to compel him to drink his urine. Thereafter, according to the. complainant, he was taken to some unknown place in jeep where he was asked to place his signature on the confessional statement for the alleged theft of forest wood worth Rs. 15,000/-, administering the threat that if that was not done, he would be killed. However, since he had not committed any such offence as alleged by the Forest Officer, he refused to sign confessional statement in question. Thereafter, according to the complainant, the petitioner-accused and four others started discussion inter se and the petitioners-accused was heard suggesting that the complainant should be taken to some police station and be involved in some offence. Accordingly, at about 23 .00 hours,