Maruti Gundu Dalvi And ANR. v. State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 146 OF 2024 Maruti Gundu Dalvi and anr.

..Appellants VS.

The State of Maharashtra and anr.

..Respondents Mr. Ashish Vernekar a/w Mr.Amar Parsekar h/f Mr.Saurav N.Katkar, for the appellants.

Mr. S.A. Karmakar, APP for the State.

CORAM : M. S. KARNIK, J.

DATE : FEBRUARY 14, 2024 P.C. :

1.

Heard learned counsel for the appellants and learned APP for the State.

2.

This is an appeal for quashing and setting aside the order dated 20/01/2024 passed by the trial Court rejecting the application of the appellants for anticipatory bail in connection with the FIR No. 25 registered on 27/01/2023 with Chandgad Police Station, Dist- Kolhapur for the offence punishable under sections 324, 504 read with 34 of the Indian Penal Code, 1860 and under sections 3(1)(r) and 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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3.

The date of the incident is 25/01/2023. The FIR was registered on 27/01/2023. There are some monetary disputes between the appellants and the complainant. It is alleged that the appellants assaulted the complainant. The complainant was admitted in the hospital. The medical certificate which is at page 90 indicates that the complainant suffered from blunt trauma to the head. He complained of headache and giddiness. There are allegations that the appellants abused the complainant in the name of his caste. However, the independent witness does not say anything about the abuse in the name of caste. The charge-sheet has already been filed. 4.

Issue notice to the respondent no.2, returnable on 06/03/2024. Learned APP waives service of notice on behalf of the respondent no.1-State.

5.

In the meantime, the appellants need to be protected by an interim order.

6.

In the event of arrest of the appellants-Maruti Gundu Dalvi and Raju Gundu Dalvi in connection with F.I.R. No. 25 dated 27/01/2023 registered with Chandgad Police Station, Kolhapur, the appellants be released on bail on their 2/3

furnishing P.R. Bond in the sum of Rs.15,000/- each with one or more sureties in the like amount.

7.

The appellants to report to the Investigating Officer as and when called.

(M. S. KARNIK, J.) 3/3 Signed by: Urmila P. Ingale Designation: PS To Honourable Judge Date: 14/02/2024 17:03:00