Rushikesh @ Gendya Babaso Chougule v. The State Of Maharashtra And ANR

1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1077 OF 2019 Rushikesh @ Gendya Babaso Chougule ....

Appellant Vs.

The State of Maharashtra & Ors.

....

Respondents Mr. Paras D. Yadav i/by Mr. Pushkar D. Durge for the Appellant Mr. S.R. Agarkar, APP for the State.

Coram : Smt. Sadhana S. Jadhav , J.

Date : 28th August 2019 P.C.:

1.

This is an appeal under Section 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 2.

On 20th August, 2019, the notice was issued.

Learned APP submits that the investigating ofcer is not present. None appears for respondent no.2. The appellant is in custody since 5th December, 2018. The investigation is completed and charge-sheet is fled.

2/3 3.

It is alleged that on 26th November, 2018, one Arjun Jagannath Buchade had asked for a glass of water when they were in the shop of one Salman Maulavi. Incidentally, the appellant was also present.

It is alleged that he had misunderstood the complainant and thereafter abused him by reference to his caste and reminded him of an incident, which had occurred at the time of Rangpanchami in 2016.

Since the investigation is completed and charge-sheet is fled, the appellant deserves enlargement on bail upon imposing certain conditions. Hence, the following order :

O R D E R

i ) The appeal is allowed and stands disposed of. ii) The appellant be enlarged on bail on furnishing P.R. bond in the sum of Rs.30,000/- with one or more solvent sureties in the like amount.

iii) The appellant shall not reside within the jurisdiction of Shahunagar as well as Rajarampuri police stations for next six months.

3/3 iv ) The appellant shall report to Juna Rajwada police station on every Saturdays between 10.00 am. to 12.00 noon till 5th January 2020.

( Smt. Sadhana S. Jadhav , J)