Amol Ankush Jathar And ANR v. The State Of Maharashtra And ANR

APEAL.1170-2018.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1170 OF 2018 Amol Ankush Jathar & Anr.

...Appellants Vs.

The State of Maharashtra .

...Respondents.

----- Mr. Rupesh Zade for Appellants.

Mr. J.P. Yagnik, APP for State.

---- CORAM : S.S. SHINDE AND A.S.GADKARI, J.J.

DATE : 2nd November 2018.

P.C.:

1] Heard the learned counsel appearing for the appellants and the learned APP for the Respondent/State.

2] Being aggrieved by Order dated 15th September 2018 passed by the learned Additional Sessions Judge, Baramati in Criminal Bail Application No.642 of 2018, the appellants have preferred the present appeal under Section 14-A of the the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

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APEAL.1170-2018.doc 3] We have carefully perused the allegations made in the first information report and also medical certificate. We have also perused the papers of investigation. Upon perusal of the medical certificate and the allegations made in the first information report, we are of the prima facie opinion that there is substance in the allegations. Hence, we are not inclined to entertain this appeal.

In view of the above, Criminal Appeal stands dismissed. 4] We make it clear that, an observations made hereinabove are prima facie in nature and confined to adjudication of the present appeal only.

5] Needless to mention that, the appellants would be entitled to file an application for bail after filing of final report by the Police. (A.S.GADKARI, J.) (S.S. SHINDE, J.) 2/2