Sangeeta Ashok Deshpande And ORS. v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 178 OF 2024 1] SANGEETA ASHOK DESHPANDE 2] MANAV KHANDU DHAYGUDE 3] ONKAR KESHAV MOTE 4] YASH KESHAV MOTE ..APPELLANTS VS.

THE STATE OF MAHARASHTRA AND ANR.

..RESPONDENTS ------------ Adv. Vilasini B. a/w Adv. Jaydeep Mane for the Appellants. Ms. Sangeeta D. Shinde, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : FEBRUARY 26, 2024 P.C. :

1.

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

2.

By this appeal, the appellants challenge the order dated 15/02/2024 by the Special Judge, Solapur in Anticipatory Bail Application No. 77 of 2024 and prays for release on pre-arrest bail in connection with offence punishable under Sections 326, 143, 147, 148, 149, 504 and 506 of the Indian Penal Code, 1860 and Sections 3(1) (r), 3(1)(s), 3(2)(v) of the Scheduled Castes and the 1/3

Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered vide C.R. No. 24 of 2024 with Vijapur Naka Police Station.

3.

The appellants are accused Nos. 2 to 5. The complainant has alleged that there was some ongoing dispute between the complainant's family and the accused persons. On the date of the incident i.e. on 21/01/2024, annoyed by the act of the complainant leaving some decoration articles in the society premises, the accused called upon the complainant to forthwith remove them. The appellants and other accused are alleged to have assaulted the complainant and his father.

4.

Prima facie, on the reading of the First Information Report, it does not appear that there are any allegations in the name of the caste.

5.

Issue notice to respondent No.2, returnable on 13/03/2024.

6.

The Investigating Officer to inform respondent No.2 about the next date of hearing and that he has a right to be represented in this proceeding through his advocate or 2/3

through an advocate appointed by Legal Aid Services Authority, if he so desires.

7.

In the meantime, the appellants need to be protected. 8.

In the event of arrest of the appellants in connection with C.R. No. 24 of 2024 registered with Vijapur Naka Police Station, the appellants be released on bail on their furnishing P.R. Bond in the sum of Rs.10,000/- each with one or more sureties each in the like amount. 9.

The appellants to co-operate with the investigation. (M. S. KARNIK, J.) 3/3 Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 26/02/2024 18:02:06