IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1407 of 2022 ========================================================

LADHA @ DADO ALIMOHAMMAD KHARA Versus STATE OF GUJARAT ========================================================

Appearance:

MR A A ZABUAWALA(6823) for the Appellant(s) No. 1 MR KARTIK I SONI(2519) for the Opponent(s)/Respondent(s) No. 2 MR LB DABHI ADDITIONAL PUBLIC PROSECUTOR for the Opponent(s)/Respondent(s) No. 1 ========================================================

CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 02/08/2022 ORAL ORDER

1. Heard learned Advocate Mr. A.A. Zabuawala on behalf of the appellant, learned Additional Public Prosecutor Mr. L.B. Dabhi on behalf of the respondent no.1- State and learned Advocate Mr. Kartik Soni on behalf of respondent no.2.

2. Admit. Learned Advocates for the respective parties waive service of notice of admission on behalf of their respective respondents.

3. The appellant apprehending his arrest in connection with F.I.R. being C.R.No. I –11993014220074 of 2022 registered with Dudhai Police Station, District: Kachchh East-Gandhidham on 15.06.2022 for the offences punishable under Sections 143, 147, 148, 149, 323, 294(b), 440, 435 and 506(2) of the Indian Penal Code, section 135 of the Gujarat Police Act and also under Section 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act has preferred this appeal under Section 14A of the Scheduled Caste and Scheduled

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Code of Criminal Procedure, 1973 more particularly requesting this Court to release the present appellant on anticipatory bail.

4. Learned Advocate Mr. Zabuawala on behalf of the appellant has drawn the attention of this Court to the history between the family of the first informant and the present appellant. It is submitted by learned Advocate Mr. Zabuawala that even prior to the FIRs in question, the family of the first informant had filed atleast three FIRs against the family of the present appellant .

4.1 Learned Advocate Mr. Zabuawala would also draw the attention of this Court to an FIR filed by the sister of the present first informant, with regard to the very selfsame incident, and whereas learned Advocate would submit that such second FIR for the very selfsame incident would also reflect on the fact that the family of the first informant is abusing the process of law. Learned Advocate would further submit that present appellant was having a hand-sickle and whereas learned Advocate would submit that the same would correspond to an offence punishable under Section 323 of the Indian Penal Code and whereas learned Advocate would submit that the same being bailable, except the fact that one of the accused had allegedly uttered certain caste related abuses, the appeal under Section 14A appellant of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act,1989 read with Section 438 of the Code of Criminal Procedure, 1973 may not have been required. Having regard to the same, learned Advocate would request this Court to release the present appellant on anticipatory bail.

5. Learned Advocate for the appellant on instructions states that the appellant is ready and willing to abide by all the conditions including

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file an application before the competent Court for his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of appellant -accused to oppose such application on merits may be kept open.

6. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has vehemently contested the present appeal and would submit that the FIR prima facie reveals caste related abuses uttered against the family of the first informant . Having regard to the same learned APP would submit that this Court may not exercise discretion in favour of the appellant.

7. Learned APP to a specific query by the Court, w

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