Gujarat High Court
State Of Gujarat vs Aaysaben Jumabhai Khafi on 9 May, 2025
NEUTRAL CITATION
R/CR.A/1843/2024 ORDER DATED: 09/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (CANCELLATION OF BAIL) NO. 1843 of 2024
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STATE OF GUJARAT
Versus
AAYSABEN JUMABHAI KHAFI
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Appearance:
MR HK PATEL, ADDL. PUBLIC PROSECUTOR for the Appellant(s) No. 1
MR ANAND B GOGIA(5849) for the Opponent(s)/Respondent(s) No. 1
MR GAURAV A. GOGIA(14128) for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 09/05/2025
ORAL ORDER
[1.0] ADMIT. Learned advocate Mr. Anand Gogia waives service of notice of admission for respondent.
[2.0] By way of present appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "Atrocity Act"), the appellant - State of Gujarat has prayed to quash and set aside the impugned order dated 17.05.2024 passed by the learned 3rd Additional Sessions Judge, Jamnagar in Criminal Misc. Application No.653 of 2024, whereby the learned Judge has granted anticipatory bail to the respondent - original accused.
[3.0] The respondent herein is the original accused No.4 who has been granted anticipatory bail vide the impugned order in connection with FIR being C.R. No.11202008240818/2024 registered with City 'A' Division Police Station, District Jamnagar for the offences punishable under Sections 143, 147, 148, 149, 323, 324, 307, 504, 506(2) and 114 of the Indian Penal Page 1 of 4 Uploaded by MR. AJAY C MENON(HC00939) on Fri May 09 2025 Downloaded on : Sat May 10 20:52:29 IST 2025 NEUTRAL CITATION R/CR.A/1843/2024 ORDER DATED: 09/05/2025 undefined Code, 1860 (for short "IPC") as well as under Sections 3(2)(v), 3(1)
(r) and 3(1)(s) of the Atrocity Act and Section 135(1) of the Gujarat Police Act.
[4.0] Heard learned APP for the appellant - State of Gujarat and learned advocate Mr. Anand Gogia for the respondent - original accused No.4 and perused the report submitted by the learned 3rd Additional Sessions Judge, Jamnagar.
[5.0] Learned APP for the appellant submits that the Sessions Court, without assigning any reason and without complying with the mandatory provisions of Section 15 of the Atrocity Act, failed to issue the mandatory notice to the victim/complainant as the victim belongs to the SC/ST community.
[6.0] Present appeal is filed on the ground that while deciding the bail application being CR.MA No.653/2024, the original complainant - victim was not joined as a party and no notice was issued against the original complainant - victim and straightway order was passed granting anticipatory bail to the accused. Considering the aforesaid fact, it appears that mandate under section 15 of the Atrocity Act has not been followed while considering the bail application of the accused - respondent herein. It is needless to say that it is incumbent upon the concerned Court while deciding the bail application in connection with offence registered under the Atrocity Act to comply with provision of Section 15 of the Atrocity Act.
[7.0] Herein, perusing the record it appears that notice under Section 15 of the Atrocity Act was not issued and without issuing notice, anticipatory bail under Section 438 of the CrPC is granted.
Page 2 of 4 Uploaded by MR. AJAY C MENON(HC00939) on Fri May 09 2025 Downloaded on : Sat May 10 20:52:29 IST 2025NEUTRAL CITATION R/CR.A/1843/2024 ORDER DATED: 09/05/2025 undefined [7.1] Considering the fact that, while deciding anticipatory bail application, the learned Judge failed to comply with the mandatory provisions of Section 15 of the Atrocity Act, as no notice was issued to the complainant / victim and bail was granted in favour of the accused without issuing such mandatory notice, the present application deserves consideration. In this regard, this Court deems it appropriate to refer to the judgment passed by the Hon'ble Apex Court in the case of Hariram Bhambhi v. Satyanarayan reported in AIR 2021 SC 5610, wherein it was observed that allowing an application for bail without issuing notice to the complainant and without affording an opportunity of hearing amounts to a clear infraction of the statutory mandate. Therefore, any order granting bail in such circumstances is not sustainable in light of Sections 15A(3) and 3(2)(v) of the Atrocities Act.
[8.0] In view of the above, and considering the judgment passed by the Hon'ble Apex Court in the case of X v. The State of Uttar Pradesh dated 13.12.2024 in Criminal Appeal No. 5385 of 2024 as well as the breach of the mandatory provisions under the Atrocity Act, this Court is of the considered opinion that it was not a fit case for granting anticipatory bail to the accused. The learned Trial Court has committed a grave error and therefore, the impugned order dated 17.05.2024 passed by the learned 3rd Additional Sessions Judge, Jamnagar in Criminal Misc. Application No.653 of 2024 is hereby quashed and set aside and anticipatory bail granted to respondent herein - original accused No.4 in connection with FIR being C.R. No.11202008240818 of 2024 registered with City 'A' Division Police Station, District Jamnagar stands cancelled.
Page 3 of 4 Uploaded by MR. AJAY C MENON(HC00939) on Fri May 09 2025 Downloaded on : Sat May 10 20:52:29 IST 2025NEUTRAL CITATION R/CR.A/1843/2024 ORDER DATED: 09/05/2025 undefined [9.0] The respondent herein - original accused No.4 - Aaysaben Jumabhai Khafi is directed to appear before the Investigating Officer within two weeks from the date of this order and the Investigating Officer is directed to scrupulously comply with the mandatory provisions of the BNSS prior to mechanically arresting the accused.
Present application is allowed accordingly. Direct service is permitted.
(HASMUKH D. SUTHAR, J.) Ajay Page 4 of 4 Uploaded by MR. AJAY C MENON(HC00939) on Fri May 09 2025 Downloaded on : Sat May 10 20:52:29 IST 2025