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2016 Supreme(Guj) 2137

PARESH UPADHYAY
HARESHBHAI DHIRUBHAI DANGER – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
FOR THE APPLICANTS : Y.M. THAKKAR, KITTY S. MEHTA
FOR THE RESPONDENT: MITESH AMIN, MONALI BHATT

JUDGMENT :

1. These are the applications for anticipatory bail.

2. The applicants apprehend their arrest in connection with various FIRs, the details of which are narrated herein below. It is noted that in these FIRs, provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('the Atrocities Act' for short) are also invoked along with other general penal provisions.

3. Whether the applicants should be granted anticipatory bail or not is the question which can be decided on the merits of the matter. However in view of the provision of Section 18 of the Atrocities Act, the first issue which needs to be addressed is, whether these applications can at all be considered on merits, since the provisions of the Atrocities Act are invoked in the FIRs in question.

4. On the above wider/preliminary issue, learned advocates are heard at length. Learned advocates for the applicants, learned Public Prosecutor and learned advocates for the complainants have addressed the Court at length. The provisions of the Atrocities Act and various judgments are put to the notice of the Court.

5. Learned advocates for the applicants have jointly submitted that, though the pro






































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