A.L.DAVE

1 Two Criminal Misc. Applications were preferred before the learned Single Judge seeking anticipatory bail invoking provisions of Section-438 of the Criminal Procedure Code, 1973, by applicants, who were facing charges for offences punishable under the provisions of the Scheduled Castes & Schedule Tribes (Prevention of Atrocities) Act, 1989, for short “the Atrocities Act”. Section-18 of the Atrocities Act provides that nothing in Section-438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under the Atrocities Act. The applicants relied upon on the following decisions:

i. Jashubhai Majdan Gandhavi vs. State of Gujarat, 1992 (2) GLH 492;

ii. Dr. N.T. Desai vs. State of Gujarat, 1997 (2) GLR, 942; and

iii. Harivallabh Parikh vs. State of Gujarat, 1997 (1) GLR, 638.

Where a view was taken that there is no total prohibition on entertaining an application for anticipatory bail under Section- 438 of the Criminal Procedure Code in cases where there is accusation of offence punishable under the Atrocities Act.

1.1 The learned Single Judge of this Court in the case of Harivallabh Parikh vs. S