Bombay High CourtABA/78/2016allowed

Sau. Shubhangi Vijay Dharamkar And Another v. The State Of Maharashtra, Through P.S.O. P.S. Yavatmal City, Yavatmal

2016-02-29Hon'Ble Shri Justice Z.A. Haq2 pages

aba.78.16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [ABA] No.78 of 2016 (Sau. Shubhangi Vijay Dharamkar and another vs.

The State of Maharashtra, through P.S.O. Yavatmal City, Tah. and Dist. Yavatmal) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

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CORAM

: Z.A. HAQ, J.

DATE : 29 th FEBRUARY, 2016.

Heard Shri S.V. Sirpurkar, the learned Advocate for the applicants and Shri S.S. Doifode, the learned A.P.P. for the non-applicant.

The applicants are seeking pre-arrest bail apprehending arrest in crime registered against them for the offence punishable under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The accusation against the applicants is that on the date of incident, the complainant, who resides in the vicinity of the resident of the applicants, was going for morning walk and at that time the applicants, who were sitting on the steps in front of their house, abused the complainant on her caste. On going through the F.I.R., I find that the necessary ingredients to make out an offence under Section 3(1)(x) of the

aba.78.16 2/2 Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 are not made out and the prosecution will have to prove the commission of offence during the trial. I am satisfied that, the applicants are entitled for pre-arrest bail. Hence, the following order :

In the event of arrest in Crime No.3006/2016, registered by the non-applicant, the applicants shall be released on bail on furnishing P.R. Bond in the sum of Rs.5,000/- each. The application is allowed in the above terms. JUDGE *sdw