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2019 Supreme(Online)(Guj) 4240

HIGH COURT OF GUJARAT
B.N. KARIA, J
RAMESHBHAI BACHUBHAI BARAIYA (KOLI) – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners: MR EKANT G AHUJA
For the Respondents: MR RAJAN C PRAJAPATI, HCLS COMMITTEE, MR. NISARG D SHAH, MR. J.K. SHAH

ORDER

Admit. Learned APP Mr. J.K. Shah appears and waives service of notice of admission for and on behalf of the respondent­State of Gujarat.

Appellant had filed Criminal Misc. Application No. 1016 of 2019 before the Court of learned 5th Additional District & Sessions Judge, Bhavnagar u/s. 439 of the Code of Criminal Procedure, 1973 requesting to enlarge him on bail, after he came to be arrested in connection with an offence, being I– C.R. No. 52 of 2019, registered at Sihor Police Station, Bhavnagar, punishable under Sections 306 , 504, 506 (2), & 114 of the Indian Penal Code read with Sections 5 , 38, 40, 42 of the Prevention of Money Laundering Act as well as u/s. 3 (2)(v); 3(2); (5)(a) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocity) Act, 1989 (for short “Atrocity Act”), wherein, the learned Sessions Judge, Bhavnagar has been pleased to dismiss the said application.

Feeling aggrieved and dissatisfied by the said order of dismissal of his plea, the appellant has preferred this Appeal u/s. 14A of the Atrocity Act. Brief facts; as stated in the FIR,in sum and substance, are like this :­ The complainant's brother Mukeshbhai borrowed mone


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