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Bombay High CourtAPEAL/474/2020allowed

Mahesh Pandurang Jadhav And ORS . v. The State Of Maharashtra And ANR

2021-02-04Hon'Ble Shri Justice A.S. Gadkari2 pages

ssm 1 24-cri.appeal474.20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.474 OF 2020 Mahesh Pandurang Jadhav & Ors.

....Appellants.

Vs.

The State of Maharashtra & Anr.

....Respondents.

Mr. Satyavrat Joshi i/by Mr. Rohit Shevate for the Appellants. Mr. S.S. Hulke, APP for the Respondent No.1-State. Mr. Prashant R. Suryawanshi i/by G.M. Savagave for the Respondent No.2. CORAM : A. S. GADKARI, J.

DATE : 4th FEBRUARY, 2021.

P.C.:- As noted in Order dated 16th December, 2020, the provisions of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the SC ST Act") are not applicable to the Appellant Nos. 4 and 5.

In Order dated 21st January, 2021, this Court has observed that, the Appellant Nos.1,2 and 3 have already been arrested and as per the submission of Mr. Joshi, learned counsel for the Appellants, they are now released on regular bail.

Learned APP, on instructions, submitted that, the Mobile phone of the Appellant No.5 has already been seized by the Police and it will be sent for Forensic Science Laboratory, for analysing its data, during the 1/2

ssm 2 24-cri.appeal474.20.doc course of investigation.

In view of the above, custody of the Appellant Nos.4 and 5 is not necessary.

Interim relief granted by Order dated 16th December, 2020 is confirmed.

Appeal is partly allowed in the aforesaid terms. (A.S. GADKARI, J.) by Sanjiv S.

Mashalkar Date: 2021.02.05 16:28:16 +0530 Sanjiv S.

Mashalkar 2/2