← Library
Bombay High CourtAPEAL/353/2022disposed off

Satish Bhaskar Jadhav v. The State Of Maharashtra And Another

2022-06-09Hon'Ble Shri Justice C.V. Bhadang,Hon'Ble Shri Justice Bharat P. Deshpande2 pages

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO.353 OF 2022 SATISH BHASKAR JADHAV

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Smt. Ashwini A. Lomte, Advocate h/f Mr. S. J. Salunke, Advocate for the appellant Mr. A. V. Deshmukh, APP for the respondent/State CORAM : C. V. BHADANG & BHARAT P. DESHPANDE, JJ.

DATED : 9 JUNE 2022 P. C.:- 1.

This is an appeal challenging the order passed by the learned Special Court refusing to grant anticipatory bail to the applicant in Crime No. 191 of 2021 registered with Ghansawangi Police Station, Tq. Ghansawangi, Dist. Jalna for the offence punishable under Sections 307, 324, 323, 143, 147, 148, 149, 504, 506 of the Indian Penal Code and Section 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2.

We have heard the learned counsel for the parties. It appears that there are 18 accused arrayed in the matter. The applicant is accused No. 18. The investigation is stated to be complete and the

( 2 ) charge-sheet is filed. In so far as a present appellant to concerned the charge-sheet is filed under Section 299 of the Code of Criminal Procedure.

3.

This appeal was adjourned in order to enable the learned APP to take instructions about the necessity of the custody of the appellant for purposes of further investigation. The learned APP in all fairness submitted that in the FIR there are no specific allegations of any overt act pertaining to the offence under the said Act of 1989 made against the appellant.

4.

The learned counsel for the appellant submits that the appellant shall surrender before the Special Court within one week from today and shall apply for regular bail.

5.

In such circumstances the appeal is disposed of. It would be open to the appellant to surrender before the learned Special Court within week from today and to apply for regular bail. If such application is filed, the learned Special Court is requested to decide the same on the same day. The parties to co-operate for disposal of the application for bail on the same day. Appeal is disposed of in the aforesaid terms.

BHARAT P. DESHPANDE, J.

C.V. BHADANG, J.

ssp/crappeal353.22.odt