Alankar Balaso Kanchan And ORS v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1151 OF 2019 Alankar Balaso Kanchan and ors ..

Appellants

Versus

The State of Maharashtra and anr ..

Respondents ...

Mr. Aniket Nikam h/f Mr. Vivek N. Arote for the appellant. Ms. P.N. Dabholkar, APP for the State.

Mr. Bhosale, ASI, Yawat Police Station, Pune. CORAM: BHARATI DANGRE, J.

DATED : 28th MARCH 2023 P.C:- On 5/09/2019, the appellants were protected from arrest in an appeal filed under Section 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. By recording the prima facie case existing in favour of the appellants, the interim protection was granted and the appellants were enlarged on bail. The interim order continue to operate till today.

The respondent no.2 though served did not put his appearance for considerable period of time, though on 21/11/2019 it was recorded that the counsel appearing for respondent no.2 had undertaken to file his Vakalatnama, Ashish

2/2 14 APEAL-1151-2019.doc however, none remain present. Once again on 4/1/2023 the Court recorded that none appears for the respondent no.2 though duly served. Further one Advocate Kamlesh Sharma from the legal aid was appointed to represent the respondent, but today when the matter is called out he has failed to put his appearance. In the wake of submission that on completion of investigation, the charge-sheet has been filed in the subject CR and the learned APP on instructions of the investigating officer make a specific statement that the custodial interrogation of the appellants is not warranted, I deem it appropriate to confirm the order dated 5/09/2019.

The appeal stands disposed off in the aforesaid terms.

( SMT. BHARATI DANGRE, J.) Ashish