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2019 Supreme(Guj) 86

S.H.VORA
MAHESHKUMAR RAVIDAN MOD – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
N.D. Nanavaty, Adv., Ankit Shah, Adv., Bhoomi M Thakore, Adv., Chetana Shah, Adv.

JUDGMENT

S H VORA, J.

1. Admit. Learned APP Ms. CM Shah waives service of notice of admission for the respondent State and learned advocate Ms. Bhoomi Thakore waives service of notice of admission for respondent No.2 - original complainant.

2. Vide order dated 31.12.2018, the learned Sessions Judge, Gandhinagar rejected the application of the appellant being Criminal Misc. Application No.2036 of 2018 filed u/s 438 of the Code of Criminal Procedure, 1973 to enlarge the appellant on anticipatory bail in the event of his arrest on account of offence being registered vide I C.R. No.55 of 2018 for the offences punishable u/s 324, 326, 506(2), 114, 120B, 143, 147, 148, 149 of the Indian Penal Code and also u/s 3(2)(5) and 3(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989 (for short "SC/ST Act").

3. Feeling aggrieved by the said order, the appellant preferred said appeal u/s 14A of the SC/ST Act.

4. Brief facts as stated in the FIR in sum and substance are like this:-

4.1 The complainant is a social worker and having post of President of Stall Union of Gandhinagar. The complainant is having Auto Garage, namely, Brahmadi situated at Sector 22 near G-6 and owns an











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