Kisan S/O Jayram Marathe v. The State Of Maharashtra And ANR

Cri.Appln.No.4323/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4323 OF 2015 Kisan s/o Jayram Marathe, Age 62 years, Occu. Agriculture, R/o Varul, Taluka Shirpur, District Dhule ..Applicant

Versus

1.

The State of Maharashtra, Through Superintendent of Police, Dhule, District Dhule 2.

The Police Inspector, Shirpur Police Station, Taluka Shirpur, District Dhule ..Respondents Mr A.B. Girase, Advocate for applicant Mrs B.B. Gunjal, A.P.P. for respondents CORAM : N.W. SAMBRE, J.

DATE : 2nd September 2015 PER COURT Heard.

2.

The complainant claimed to have suffered an injury on the head which is simple in nature resulting into registration of crime in question. The accusation against the present applicant is that he has assaulted the complainant by road on his head. 3.

Upon perusal of the first information report, it is noticed that there is prima facie case tried to be made out under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Cri.Appln.No.4323/2015 3.

In view of nature of injury suffered by the complainant and the fact that there was a counter complaint against the complainant, it will be appropriate, in my opinion, to order release of the present applicant, who is aged about 62 years, on following conditions : 4.

The applicant Kisan Jayram Marathe, in the event of his arrest in Crime No.I-61/2015 registered at Shirpur Police Station, District Dhule for the offences punishable under Sections 143, 147, 148, 149, 395, 326, 324, 336, 323, 504, 506 of Indian Penal Code, under Section 7 (1) (D) of the Protection of Civil Rights Act and under Section 3 (1) (x), 3

(2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, upon furnishing P.R. Bond of Rs.10,000/- (Rs. Ten thousand) with one surety in the like amount. ( N.W. SAMBRE, J.) vvr