Bombay High CourtAPPP/175/2016others disposed off

Dipak S/O Ganpatrao Shende v. State Of Maharashtra, Through P.S.O. P.S. Moregaon, Yavatmal

2016-03-17Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba80.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.80/2016 Shri Dipak S/o Ganpatrao Shende ..Versus..

State of Maharashtra, through Police Station Officer, Police Station Moregaon, Distt. Yavatmal - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 17.3.2016 Heard Shri S.B. Tiwari, advocate for the applicant and Shri S.B. Bissa, A.P.P. for the non-applicant.

The applicant is seeking pre-arrest bail apprehending arrest in crime registered for the offence punishable under Section 354A(1)(iv), 506 and 509 of the Indian Penal Code and Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The accusations against the applicant are that the applicant came to the residence of complainant and hurled abuses on her caste. On perusal of the complaint of the complainant, I find that the necessary ingredients to constitute the offence punishable under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, prima facie, do not exist and the prosecution will have to prove its case.

Considering the nature of accusations against the applicant,

2 aba80.16 the facts on the record and as the non-applicant has not been able to show that the custody of applicant is required for further investigation, in my view, the interim order granted by this Court on 16th February, 2016 is required to be confirmed.

Hence, the following order:

(i) In the event of arrest of applicant in Crime/F.I.R. No.117/2015 registered by the non-applicant, the applicant be released on bail on furnishing P.R. bond for Rs.20,000/- (Rs. Twenty Thousand Only). (ii) The application is allowed in the above terms. CRIMINAL APPLICATION (APPP) NO.175/2016 In view of disposal of main application, this application does not survive and is disposed of accordingly.

JUDGE Tambaskar.