Supreme Court Grants 'One Last Opportunity' To Gujarat Govt. To File Reply In Appeal Against Bail To Accused Of Murder Of A Scheduled Caste Youth
Live Law"Learned counsel for the State prays for and is granted one week time, as a last opportunity, to file counter affidavit", ordered the bench of Justices Ashok Bhushan, R. Subhash Reddy and M. R. Shah. The bench listed the matter after a week., Justice Shah asked the counsel appearing for Gujarat government as to why the state has not filed its counter affidavit on the appeal against the last year's High Court order granting bail. The High Court had noted that section 3 of the said SC/ST Act obliges the complainant in opening recital, to plead the case that the accused is not the member of the said Act. "It is alleged that on the date of incident, at 6 O'clock, the complainant along with her husband and aunt went in the factory area for collecting scrap and in the open place, certain scrap material was found and as they were collecting the same, 5 persons came and without asking anything, started assaulting them and thereafter, they were taken towards the factory of one of the persons.