Rafik Hasham Mulla v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.548 OF 2024 Rafik Hasham Mulla ...

Appellant V/s.

The State of Maharashtra and Anr.

...

Respondents ------------------- Mr. Viral Rathod I.by Mr. Vishwatej R. Jadhav, for the appellant. Mr. B.V. Holambe-Patil, APP for the State.

Mr. Vikrant Chavan, PSI, Sangli City P.S. Sangli. ---------------------

CORAM

:

KISHORE C. SANT, J.

VARSHA DEEPAK GAIKWAD VARSHA DEEPAK GAIKWAD Date: 2024.05.29 10:35:49 +0530 DATE :

28th May 2024 (Vacation Court) PC:

1.

Issue notice to the respondents. Learned APP waives notice for respondent no. 1/State. Notice to respondent No. 2, returnable on 18th June 2024.

2.

By way of this appeal under section 14-A of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the appellant is seeking Anticipatory Bail in the event of arrest who has filed an appeal challenging the order of rejection of his application seeking bail in the event of arrest passed by Additional Sessions Judge,

Sangli 3.

Learned advocate submits that prima facie no case is made out attracting provisions of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The FIR is lodged because of strained relations between the parties. There are already disputes pending between the parties. There is dispute in respect of putting tin sheets on the boundary. On that there was some altercation between the parties and thus offence is registered. From the FIR it is seen that relations between the parties are strained. He therefore, prays for interim protection.

4.

Learned APP opposes the interim protection stating that there are clear allegations against the applicant. The informant is a person belonging to Scheduled Caste. There are clear abuses in the name of caste. The informant and his family members are insulted in the name of caste. There is also assault by the applicant. 5.

After hearing the parties with specific allegations are against Salim and Yasin Mulla who are reportedly arrested and now released on bail. So far as present applicant is concerned, this Court finds that the allegation is only that he has abused the lady members from the family of the informant in the name of caste. Considering this,

this Court inclined to grant interim relief, till the next date. Hence, the following order:

ORDER

i) Issue notice to the respondents. Learned APP waives notice for respondent no. 1. Notice to respondent no. 2, returnable on 18th June 2024.

ii) Till the next date, the applicant shall be released on bail in connection with C.R. No. 135 of 2024 registered with Sangli City Police Station, Sangli for the offence punishable under Sections 307, 143, 147, 148, 149, 337, 504 and 506 of Indian Penal Code and Sections 3(1) (r), 3(1) (s), 3 (2) (va) and 3(2) v of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities ) Act, 1989 on furnishing P.R. bond of Rs. 15,000/- and one solvent surety in the like amount. iii) The applicant to attend the police station as and when called for.

iv) The Applicant shall furnish details of residential address and other contact details such as mobile number etc. to the concerned police station. If there is any change in the

contact details the same will be immediately informed to the concerned police station.

(KISHORE C. SANT, J)