Pravin Vasant More Patil v. The State Of Maharashtra Through Taluka Police Station Nandurabar And Another
905-Cri-Apeal-91-2025.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 905 CRIMINAL APPEAL NO. 91 OF 2025 PRAVIN VASANT MORE PATIL
VERSUS
THE STATE OF MAHARASHTRA THROUGH TALUKA POLICE STATION NANDURABAR AND ANOTHER ....
Mr. G. R. Syed, Advocate for the Appellant Mr. K. K. Naik, APP for Respondent No.1 - State ....
CORAM : Y. G. KHOBRAGADE, J.
DATE : 18.02.2025 PER COURT :- 1.
Heard Mr. Syed, the learned counsel for the Appellant. 2.
Issue notice to the Respondents, returnable on 03.03.2025.
3.
The learned APP waives service of notice on behalf of Respondent No.1.
4.
The Investigating Officer to serve Respondent No.2 under Section 15A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
(( 2 )) 905-Cri-Apeal-91-2025 5.
The Appellant to remove all office objections on or before 28.02.2025, failing which the Appeal shall stand dismissed without reference to the Court.
6.
Having regard to the submissions canvassed on behalf of the Appellant, I have gone through the record. It is appeared that on 27.09.2024, Crime No. 265 of 2024, registered with Nandurbar Taluka Police Station, against the present Appellant for the offence punishable under Sections 115(2), 352, 351(1), 351(2) of Bhartiya Nyaya Sanhita, 2023 and under Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act., on the ground that on 16.09.2024, at about 9.30 to 10.00 a.m, when the informant met with the appellant/accused near Sai Baba temple of village Talwade (Kh) and demanded his salary for the period w.e.f. 19.08.2024 to 03.09.2024, at that time, the appellant/accused abused the victim on his caste in public view and slapped on his cheek.
7.
Considering the nature of offence and keeping open the issue about bar under Sections 18 and 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act at this stage, the
(( 3 )) 905-Cri-Apeal-91-2025 Appellant is entitled for ad-interim anticipatory bail. Accordingly, I proceed to pass the following order.
O R D E R
(i) Until further orders, in the event of arrest of the Appellant Pravin Vasant More (Patil), be released on ad-interim anticipatory bail in Crime No. 265 of 2024, registered with Nandurbar Taluka Police Station, for the offence punishable under Sections 115(2), 352, 351(1), 351(2) of Bhartiya Nyaya Sanhita, 2023 and under Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act., on execution of P.R. bond of Rs.25,000/- with two solvent sureties in the like amount.
(ii) The Appellant shall attend the concerned Police Station on every Wednesday between 11.00 a.m. and 3.00 p.m. and cooperate the Investigating Officer, till filing of the chargesheet. (iii) The Appellant shall not issue threat to any of the prosecution witnesses and shall not leave the jurisdiction of Nandurbar Taluka Police Station, without prior permission of the Investigating Officer.
(iv) The Appellant/accused shall remain available for interrogation, if any, required by the Investigating Officer. [ Y. G. KHOBRAGADE, J. ] SMS