Bombay High CourtAPEAL/9/2018allowed

Dhananjay S/O Atmaram Sarnaik v. State Of Mah. Thorugh Pso Shirpur And Another

2018-08-28Hon'Ble Shri Justice Z.A. Haq2 pages

1 apeal9.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO. 09/2018 Dhananjay S/o Atmaram Sarnaik ..VS..

State of Maharashtra & anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.M. Jaltare, Advocate for the appellant Ms. S.V. Kolhe, APP for the respondent no. 1 CORAM : Z.A.HAQ, J.

DATED : 28/08/ Heard.

This appeal under Section 14-A (2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is filed by the appellant/accused to challenge the order passed by the Sessions Court rejecting his application praying that the respondent no. 1 be directed to release the appellant/accused on pre-arrest bail. Notice of this appeal is served on the respondent no. 2 (Victim). None appears for the respondent no. 2.

Though the prayer made on behalf of the appellant/accused for directions to the respondent no. 1 to release him on pre-arrest bail is opposed by the learned APP, the fact that the appellant/accused is granted interim protection by this Court by order dated 10/01/2018, the respondent no. 1 has filed its reply on 15/02/2018, the appeal could not be heard and was adjourned on several occasions, neither the respondent no. 1/State nor the respondent no. 2 /Victim has made any complaint about misuse of liberty by the appellant/accused.

2 apeal9.18 In view of the facts, in my view, without delving into the rival contentions on merits, the interim protection granted by this Court on 10/01/2018 is required to be confirmed.

Hence, the following order is passed:- a) In the event of arrest, in connection with Crime No. 399/2017, registered by the respondent no. 1, the appellant be released on bail on furnishing P.R. Bond for Rs. 20,000/- (Rs. Twenty Thousand only) and one solvent surety in the like amount.

The appeal is allowed accordingly.

JUDGE Ansari