Shailesh Sharad Patil v. The State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.504 OF 2022 Shailesh Sharad Patil ...Appellant

Versus

State of Maharashtra and Anr.

...Respondents

....

Ms. Sakshi Jha i/by Mr. Nitin Sejpal, Advocate for the Appellant. Ms. Arti Bhoir, Advocate for Original Complainant. Mr. Arfan Sait, APP for the Respondent - State. Ms. Madhuri Ghadge, PSI, Pen Police Station, Raigad

CORAM

:

PRAKASH D. NAIK, J.

DATE :

7th JULY, 2022.

PER COURT :

1.

This is an appeal under Section 14-A of the Schedule Caste & Schedule Tribe (Prevention of Atrocities) Act, 1989 the appellant is apprehending arrest in C.R. No.I-72/2022 registered with Pen Police Station for the offences under Sections 353, 332, 392, 504, 109, 143 and 149 of Indian Penal Code and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Schedule Caste & Schedule Tribe (Prevention of Atrocities) Act, 1989 and Section 7(1) Protection of Civil Liberties Act, 1955.

2.

The First information Report was registered on 22nd April, 2022 at the instance of respondent No.2.

3.

Interim relief was granted to the appellant by this Court vide order dated 13th May, 2022.

4.

Learned Advocate Ms. Sakshi Jha appearing for respondent No.2 / complainant undertake to file Vakalatnama. The Advocates representing both the sides have jointly submitted that the parties have arrived at amicable settlement. The complainant and one of the witness who was allegedly abused on basis of caste no filed affidavits in support of relief sought in this appeal. They have stated that the parties have arrived at amicable settlement. Both affidavits taken on record. The complainant and witnesses has no objection for granting relief prayed in this application. 5.

Considering the aforesaid circumstances, I pass the following order;

ORDER

i.

Criminal Appeal No.504 of 2022 is allowed.

ii.

Impugned order dated 4th May, 2022 passed by Additional Sessions Judge is set aside;

iii.

In the event of the arrest of the appellant in connection with C.R. No.I-72/2022 registered with Pen Police Station, Dist. Raigad the appellant be released on bail on furnishing P. R. Bond in the sum of Rs.20,000/- with one or more sureties in the like amount; iv.

The appellant shall report to Investigating Officer as and when called for.

v.

Report submitted by learned APP is taken on record. vi.

Appeal stand disposed of.

(PRAKASH D. NAIK, J.)