JUDGMENT :

Umesh Trivedi, J.

1. This Appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Act") is preferred by the appellants challenging the order passed by the learned 8th Additional Sessions Judge, Ahmedabad (Rural) Mirzapur dated 24.06.2019 in Criminal Miscellaneous Application No. 1977 of 2019 rejecting the prayer for anticipatory bail of the appellants.

2. The appellants are facing FIR for an offence punishable under Sections 302, 364 and 114 of the Indian Penal Code (herein after referred as "IPC") as also under Section 3(2) (v) of the Act filed by respondent No. 2 herein.

3. Shri Bhargav Bhatt, learned Advocate for the appellants submits that not only the appellants but no accused could have been prosecuted for the offence under the Act as the deceased, against whom an offence is committed, as alleged in the FIR, belongs to Scheduled Tribe of State of Rajasthan. He has drawn the attention of the Court to the FIR where the first informant - wife of the deceased made it clear that she herself is of Scheduled Caste of Gujarat State and her husband is of Scheduled Tribe, who is native of State of Rajasthan.

3.1. He drew the attention of the Court to Section 2(c) of the Act, which defines Scheduled Castes and Scheduled Tribes as under:-

"2(c) Scheduled Castes and Scheduled Tribes" shall have the meanings assigned to them respectively under clause (24) and clause (25) of Article 366 of the Constitution;"

Elaborating further, Shri Bhatt, learned Advocate for the appellants has drawn the attention to Clause (24) and Clause (25) of Article 336, which defines Scheduled Castes and Scheduled Tribes respectively.

Clause (24) of Article 366 defines "Scheduled Castes" as such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under Article 341 to be Scheduled Castes for the purposes of this Constitution."

Clause (25) of Article 366 defines "Scheduled Tribes" as such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this Constitution."

However, according to Shri Bhatt, the caste, races or tribes etc. are deemed to be Scheduled Caste for the purpose of the Constitution under Article 341 as defined under Clause (24) of Article 366 of the Constitution of India. Under Article 341 by a public notification, after consultation with the Governor of the State or Union Territory, President is empowered to specify the caste, races or tribes or parts of or groups within such caste, races or tribe, which shall for the purpose of this Constitution be deemed to be Scheduled Caste in relation to that State or Union Territory as the case may be. Similar is the provision of Scheduled Tribe under Article 342 of the Constitution of India. He submitted that therefore the declaration of Scheduled Caste or Scheduled Tribe is State specific. He has further submitted that the person of either that caste or tribe, so long as they are resident of the State of origin, can be conferred with rights, privileges or benefits. According to him, if they migrate from their State of origin, they lose their right, privileges or benefits because of the caste, which is declared as Scheduled Caste or Scheduled Tribe in the State of origin. He has drawn the attention of the Court to Article 366 as also Articles 341 and 342 and contended that notifying Scheduled Caste or Scheduled Tribe is for the purpose of this Constitution, and that too, in relation to that State. In short, his submission is that a person, who is notified to be of Scheduled Caste or Scheduled Tribe, may not be having the very same rights, benefits or privileges in the State of migration wherever he goes, and therefore, according to him, in the present case, the deceased, who is declared to be Scheduled Tribe in the State of origin, being Rajasthan, cannot be said to be o