R/CR.A/1231/2020 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL APPEAL NO. 1231 of 2020

With

R/CRIMINAL APPEAL NO. 1300 of 2020

With

R/CRIMINAL APPEAL NO. 1230 of 2020

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BHARATJI HAMIRJI CHAVDA (THAKORE)

Versus

STATE OF GUJARAT

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Appearance in Criminal Appeal No.1231/2020:

SAN ASSOCIATES LLP(8655) for the appellants

MR NARANBHAI D ASAL(11055) for the Respondent(s) No. 2

MR PRANAV TRIVEDI, APP(2) for the Respondent(s) No. 1

Appearance in Criminal Appeal No.1300/2020:

MR VIKAS NAIR, ADVOCATE for MR NIMESH M. PATEL for the appellants

MR NARANBHAI D ASAL and MR AMIT JOSHI for the Respondent(s) No. 2

MR PRANAV TRIVEDI, APP(2) for the Respondent(s) No. 1

Appearance in Criminal Appeal No.1230/2020:

MR KIRIT R CHAUDHARI for the appellants

MR NARANBHAI D ASAL and MR AMIT JOSHI for the Respondent(s) No. 2

MR PRANAV TRIVEDI, APP(2) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE S.H.VORA

Date : 29/01/2021

COMMON ORAL ORDER

1.

By way of the present appeals under Section 14-A(2) of

the Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 (for short, the ‘Act, 1989’), the

appellants – original accused challenge the order dated

6.11.2020 passed by the learned 8^th (Ad hoc) Additional

Sessions Judge, Banaskantha at Deodar in Criminal Misc.

Application No.286 of 2020, order dated 13.11.2020 passed by

Page 1 of 4

R/CR.A/1231/2020 ORDER

the learned 8^th

(Ad hoc) Additional Sessions Judge,

Banaskantha at Deodar in Criminal Misc. Application No.306

of 2020 and order dated 13.11.2020 passed by the learned 8^th

(Ad hoc) Additional Sessions Judge, Banaskantha at Deodar in

Criminal Misc. Application No.301 of 2020, whereby, the

learned Sessions Judge refused to grant regular bail under

Section 439 of the Code of Criminal Procedure to the

appellants – original accused in connection with the F.I.R.

being C.R.No.11195050200962 of 2020 registered with

Tharad police station for the offence punishable under

Sections 307, 325, 323, 435, 436, 427, 452, 147, 148, 149,

120-B of the IPC, under section 135 of the G.P.Act and under

sections 3(2)(v), and 3(2)(va) of the Atrocities Act.

2.

Heard learned advocates appearing for the respective

parties and perused order passed by the Co-ordinate Bench in

Criminal Appeal No.1145 of 2020 in favour of Shri Maganji

s/o. Shankarji Parmar (Thakor) and order passed by this Court

in Criminal Appeal No.1208 of 2020 in favour of Shri

Vikrambhai Lebuji Chavda (Thakor). Upon perusal of FIR, it

appears that present appellants, co-accused Shri Maganji s/o.

Shankarji Parmar (Thakor) and Shri Vikrambhai Lebuji

Chavda (Thakor), who came to be enlarged on bail, have

played identical and similar role. Therefore, on the ground of

parity, present appeals deserve consideration.

3.

In the result, the present appeals are allowed. The

impugned order dated 6.11.2020 passed by the learned 8^th (Ad

hoc) Additional Sessions Judge, Banaskantha at Deodar in

Criminal Misc. Application No.286 of 2020, order dated

13.11.2020 passed by the learned 8^th (Ad hoc) Additional

Page 2 of 4

R/CR.A/1231/2020 ORDER

Sessions Judge, Banaskantha at Deodar in Criminal Misc.

Application No.306 of 2020 and order dated 13.11.2020

passed by the learned 8^th (Ad hoc) Additional Sessions Judge,

Banaskantha at Deodar in Criminal Misc. Application No.301

of 2020 are hereby quashed and set a