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1992 Supreme(Guj) 344

B.J.SHETHNA
BABALDAS BECHARBHAI CHAVDA – Appellant
Versus
STATE – Respondent


Advocates Appeared: M.R.RAVAL, M.V.PATEL

B. J. SHETHNA, J.

( 1 ) THESE two petitions are disposed of by this common order. The petitioner who is the original complainant has challenged the order passed by the learned Additional Sessions Judge, Mehsana in Misc. Criminal application Nos. 163 and 164 of 1992 releasing the respondents-accused on bail.

( 2 ) SHRI Patel, learned Advocate appearing for the petitioner in both these applications has vehemently submitted that the order passed by the learned additional Sessions Judge releasing the respondents-accused on bail should be quashed and set aside by this Court, because he had no jurisdiction to entertain and decide the said applications of the accused. He submitted that except the learned Sessions Judge no other Judge could hear and decide the bail application of the accused who are charged with the offence under the atrocities Act. Therefore, the impugned order passed by the learned Additional Sessions Judge is without jurisdiction and it should be quashed and set aside. In support of his submission he has read Sec. 14 of the Scheduled Castes and Scheduled tribes (Prevention of Atrocities) Act, 1989 (the Act for short) and submitted that only a Court of Session is a Specia









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