Trimbak S/O Bhagwan Kachre And Another v. The State Of Maharashtra

Cri. Appln. No. 104/15

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 104 OF 2015 Trimbak s/o. Bhagwan Kachre and Anr.

....Applicants.

Versus

The State of Maharashtra ....Respondent.

Mr. N.K. Chaudhari, Advocate for applicants.

Mr. N.B. Patil, APP for State.

CORAM : T.V. NALAWADE, J.

DATED : 23rd January, 2015.

ORDER :

1.

The application is filed for relief of anticipatory bail. Both the sides are heard. This Court has perused the papers of investigation.

2.

The crime is registered on the basis of report given by one Sidharth Salve. In one incident dated 1.8.2014, according to him, he was assaulted by the applicants by using weapons like knife, Sattor and abuses were given by taking the name of his caste, which is a scheduled caste. The crime came to be registered for offences punishable under sections 3 (1) (x) of SC and ST (Prevention of Atrocities) Act and also section 324 r/w. 149 of I.P.C.

Cri. Appln. No. 104/15 3.

Police papers show that subsequently the complainant filed affidavit and supplementary statement which is to the effect that no abuses by taking the name of his caste were given. This Court has seen the injury certificates. Simple injuries like C.L.Ws., contusions and abrasions were sustained by him and one more person. It appears that there is dispute over collecting of fish and the contract in respect of the same was given to the employer of the complainant. In view of these circumstances, this Court holds that protection needs to be given to the applicants subject to some conditions. 4.

In the result, the application is allowed. Interim relief granted in favour of applicants is confirmed. The applicants are to attend the concerned police station on every Sunday between 9.00 a.m. and 12.00 noon for the period of one month and they are to cooperate the police during investigation. [ T.V. NALAWADE, J. ] ssc/