Sandeep Rajaram Shinde And ORS v. State Of Maharashtra And ANR

k 1/2 29 cri apeal 1197.24 as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1197 OF 2024 Sandeep Rajaram Shinde & Ors.

....Appellants V/S State of Maharashtra & Ors.

....Respondents ________ Mr. R. Sathyanarayanan Iyer for the Appellants. Ms. Anuja S. Gotad, APP for Respondent No.1/State. Mr. P.V. Tagad, PSI, Wadner Bhairav Police Station. __________ CORAM: SANDEEP V. MARNE, J.

DATE : 12 NOVEMBER 2024.

P.C.:

This Appeal is filed under the provisions of section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC & ST Act) challenging order dated 22 October 2024 passed by Additional Sessions Judge, Niphad, rejecting the Application for pre-arrest bail under provisions of section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with C.R. No.286 of 2024 registered with Wadner Bhairav Police Station for the offences punishable under sections 115, 118(1), 118(2), 351(2), 352 read with section 3(5) of Bharatiya Nyay Sanhita and under sections 3(1)(r), 3(2)(va) of the SC & ST Act.

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k 2/2 29 cri apeal 1197.24 as.doc Perusal of the FIR statement would indicate that the Appellants have allegedly assaulted the husband of the Complainant. There is a direct allegations of Appellant No.1 Sandeep Rajaram Shinde giving a blow to the husband on his head with a stone. The injury certificate indicates grievous injuries caused to the Complainant's husband on account of assaults committed on him. The stone used for committing the assault is apparently recovered. Thus there appears to be prima facie material against the Appellants and their custodial interrogation would be necessary for conducting investigations into the crime. No case is made out for grant of anticipatory bail. The learned Additional Sessions Judge has rightly rejected the Applications preferred by the Appellants. No serious infirmity can be traced in the impugned order dated 22 October 2024. The Appeal is accordingly dismissed.

(SANDEEP V. MARNE, J.) by SUDARSHAN RAJALINGAM KATKAM Date:

2024.11.14 11:34:59 +0530 SUDARSHAN RAJALINGAM KATKAM katkam Page No.

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