- (1.) Heard learned Advocate for the applicants and learned APP for the respondent-State.
(2.) This application is filed seeking bail under Section 438 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 323, 294(b) and 114 of the Indian Penal Code and under Sections 3(1)(r) and 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Act 1989 for which FIR came to be registered at C.R. No.II-3133 of 2017 with Chandkheda Police Station.
(3.) Learned APP has opposed this application by pressing into service Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Act 1989 which annuls the operation of Section 438 of the Code of Criminal Procedure, in the cases involving the arrest of any person on accusation of having committed an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Act 1989. 3.1 Learned APP also invited the attention of this Court to the statement of the witnesses who claim to have heard the petitioner making derogatory remarks in relation to the caste of the complainant in public view. It was thus urged that this Court may not exercise the powers under Section 438 of the Code of Criminal Procedure. ;