Manda @ Priyanka Santosh Inamke And ORS v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 904 OF 2019 MANDA @ PRIYANKA SANTOSH INAMKE AND ORS } APPELLANTS V/S.

THE STATE OF MAHARASHTRA AND ANR.

} RESPONDENTS * * * * Mr. Ganesh Bhujbal, Advocate for the appellants. Mr. Y.M. Nakhawa, APP for State-respondent no.1. Mr. S.R. Phanse, appointed advocate for respondent no.2. Coram : Sandeep K. Shinde, J.

Monday, 13th December, 2021.

P.C. :

1.

By this appeal under Section 14A(1) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 ("Atrocities Act" for short) the applicants are seeking pre-arrest bail in connection with Crime No.140/2019 registered with Lonand Police Station, Satara for the offences punishable under Sections 3(1) (10), 3(1)(r)(s), 3(2)(va) of the Atrocities Act and Sections

2/3 143, 147, 148, 149, 323, 325, 504, and 506 of the Indian Penal Code and Section 7(1)(d) of the Protection of Civil Rights, 1955.

2.

Appellants have been granted interim pre-arrest protection by this Court vide order dated 10th July, 2019 which is in force till today. In the meanwhile, the State has filed the chargesheet before the Competent Court, copy of which is annexed to this petition. Obviously, therefore the custodial interrogation of the appellants is unwarranted nor sought by the State.

3.

Even otherwise, upon perusal of chargesheet, offence under the Act of 1989 has not been disclosed. In that view of the matter, in the event of arrest of the appellants in Crime No.140/2019 registered with Lonand Police Station, Satara, they shall be released on bail on executing P.R. Bond in the sum of Rs.10,000/- (Rs. Ten Thousand only) each with one or more sureties in the like sum.

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The appellants shall furnish their permanent residential address and contact number to the Investigating Officer forthwith.

6.

The appellants shall not tamper with the evidence or attempt to infuence or contact the complainant, witnesses or any person concerned with the case.

7.

It is made clear that, observations made hereinabove, shall be construed as expression of opinion for the purpose of granting bail only and the same shall not, in any way, infuence the trial in other proceedings. NEETA SHAILESH SAWANT 8.

Appeal stands disposed of accordingly.

NEETA SHAILESH SAWANT Date: 2021.12.14 17:18:18 +0530 (Sandeep K. Shinde, J.)