Padmakar S/O Uttam Tarse And ANR v. The State Of Maharashtra

criap5265.15 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5265 OF 2015 Padmakar s/o Uttam Tarse & anr.

..APPLICANTS

VERSUS

The State of Maharashtra ..RESPONDENT Mr S.A. Ambad, Advocate for applicants;

Mr S.N. Morampalle, A.P.P. for respondent CORAM : N.W. SAMBRE, J.

DATE : 21st October, 2015 ORAL ORDER :

Learned Counsel appearing on behalf of the applicants does not press the application in respect of applicant no.2 Ranjana w/o Uttam Tarse. Thus, the application, to her extent, stands dismissed as not pressed.

2.

Applicant no.1 Padmakar s/o Uttam Tarse is seeking pre-arrest bail, in connection with in C.R. No.16 of 2015, registered with Bardapur police station, Tq. Ambajogai, Dist. Beed, pursuant to first information report dated 25th August, 2015, for offences punishable under sections 323, 504, 506 read with sec. 34 of the Indian Penal Code and section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3.

So far as applicant no.1 Padmakar is concerned, it is required to be noted that there are sweeping allegations made against him in the first information report. No specific role is attributed to him. In view thereof, prima facie, the bar under section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, will not operate. Apart therefrom, applicant no.1 Padmakar is a student and in absence of any

criap5265.15 (2) specific attributions against him, in my opinion, it will be appropriate to grant protection to him. I, therefore, pass following order :- In the event of arrest of applicant no.1 Padmakar s/o Uttam Tarse, in connection with in C.R. No.16 of 2015, registered with Bardapur police station, Tq. Ambajogai, Dist. Beed, for offences punishable under sections 323, 504, 506 read with sec. 34 of the Indian Penal Code and section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, he be released on bail, on furnishing P.R. Bond of Rs.10,000/- with one surety in the like amount. Applicant no.1 Padmakar s/o Uttam Tarse shall attend the concerned police station initially for three days, between 10.00 a.m. and 11.00 a.m. and thereafter as and when called by the Investigating Officer. Criminal Application stands allowed in above terms. (N.W. SAMBRE, J.) amj