Pramod Bhaskar Adhikari v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 183 OF 2024 PRAMOD BHASKAR ADHIKARI ..APPELLANT VS.

THE STATE OF MAHARASHTRA AND ANR.

..RESPONDENTS Mr. A.V. Konde-Deshmukh a/w Mr.Rohin R. Chauhan, for Appellant.

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

CORAM : M. S. KARNIK, J.

DATE : FEBRUARY 27, 2024 P.C. :

1.

Heard learned counsel for the appellant.

2.

This is an appeal for releasing the appellant on bail in connection with C.R. No. 438 of 2023 registered on 14/12/2023 under section 354 of the Indian Penal Code and under sections 3(2)(va), 3(1)(w)(i), 3(1)(w)(ii), 3(2)(vii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 with Shahapur police station, Thane Rural.

3.

I have gone through the FIR dated 14/12/2023. The incident is dated 08/12/2023 which allegedly happened at around 4.45 p.m. in the office of the appellant who was working as a Block Development Officer with Asangaon, 1/3

Gram Panchayat. The alleged incident happened in the office of the Block Development Officer when the appellant is stated to have abused the complainant in a language which constitutes offence under the aforesaid sections. There are no eye-witnesses, however, in the statement there is a mention that the conversation was recorded on telephone of an acquaintance of the complainant whom she has called at the relevant time. Learned counsel for the appellant submitted that there is delay in registering the FIR. Learned APP seeks time to take instructions. 4.

Issue notice to the respondent no.2, returnable on 19/03/2024. Learned APP waives service on behalf of respondent no.1-State. The investigating officer to inform the complainant that about her right to be represented in these proceedings either through her advocate or through the legal aid.

5.

In the meantime, the appellant needs to be protected by granting interim protection in the facts and circumstances of the present case. Hence, the following order.

2/3

ORDER

(a) In the event of arrest in connection with C.R.No. 438 of 2023 registered with Shahapur police station, the appellant- Pramod Bhaskar Adhikari shall be released on bail on furnishing P.R. bond to the extent of Rs.15,000/- with one or more sureties of the like amount.

(b) The appellant to co-operate with the investigation.

6. Stand over to 19/03/2024.

(M. S. KARNIK, J.) 3/3 Signed by: Urmila P. Ingale Designation: PS To Honourable Judge Date: 27/02/2024 14:54:14