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Bombay High CourtAPEAL/347/2022allowed

Shri Sharad Kisanrao Kaje v. State Of Maharashtra Thro. Officer In-Chargte, Paratwada Ps. Tq. Achalpour, Dist. Amravati (Rural)

2022-07-11Hon'Ble Shri Justice Avinash G. Gharote2 pages

1 15 Appeal-347-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPEAL NO.347 OF 2022.

(Sharad Kisanrao Kaje ..Vs. State of Maharashtra and Anr) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms A. H. Dangre, Advocate for Appellant.

Ms M. H. Deshmukh, APP for the Respondent no.1/State. Shri A. P. Thakare, Advocate for the Respondent no.2. CORAM : AVINASH G.

GHAROTE, J.

D ATE : 11 th JULY, 2022.

.

Heard Ms Dangre, learned Counsel for the Appellant, Ms M. H. Deshmukh, learned Additional Public Prosecutor for the Respondent no.1/State and Shri Thakare, learned Counsel for the Respondent no.2.

2.

The Appellant has been arraigned for the offence punishable under Sections 324, 504 of the Indian Penal Code and under Sections 3(1)(za), 3(2)(va) and 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in Crime no.350 of 2022. 3.

By an order dated 27.05.2022, interim relief has been granted to the Appellant. I have today perused the case diary produced by the learned Additional Public Prosecutor and I find that a prima facie case for grant of bail is made out, as though the Respondent no.2 submits, that it is an admitted position that there was an altercation between the Appellant and the Respondent no.2 in which, there was a scuffle, the knife in question has already been seized as per the learned Additional Public Prosecutor and insofar as, the claim under the Atrocities

2 15 Appeal-347-2022.odt Act is concerned, it is lacking support, considering which, the Appeal is allowed and the interim order dated 27.05.2022 is confirmed.

JUDGE TAMBE.

ASHOKRAO TAMBE 18:14