ROHIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned Public Prosecutor apprises this Court that compliance of Section 15-A (3) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities), 1989 (for short "the Act of 1989") has been made in the present case.

(2.) The present appeal has been filed by the appellants under Section 14 of the Act of 1989 apprehending their arrest in connection with F.I.R. No.50/2020 registered at Police Station Budadit District Kota Rural for the offence (s) under Section(s) 341, 323, 504/34 of-IPC-& Section 3(2)(va) of the Act of 1989 later on for offences under Section(s) 341, 323, 504/34 of-IPC-& 3(1) (r) (s) 3 (2) (va) of the Act of 1989.

(3.) Learned counsel for the appellants contended that all the offences under-the Indian Penal Code-are bailable and only to-deprive the appellants benefit of bail, offences under Section 3 of the Act of 1989 has been added; whereas, even the contents of the FIR do not disclose commission of offence under the provisions of the Act of 1989. He, therefore, prayed for benefit of pre-arrest bail for the appellants. Learned counsel for the appellants has relied upon judgment in case of Prathvi Raj Chauhan v. Union of India and others dated 10.02.2020 in SB Civil Writ Petition No.1015/2018 and a judgment of this Court dated 28.02.2018 in Dr. Jagdish Agarwal v. State of Rajasthan, SB Criminal Appeal No.382/2018 in support of his contentions.