Shaikh Moin Shaikh Ahmded Beldar And Another v. The State Of Maharashtra And Others

909-Cri-Apeal-63-2026.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 909 CRIMINAL APPEAL NO. 63 OF 2026

1. SHAIKH MOIN SHAIKH AHMDED BELDAR

2. SHAIKH MOSIN SHAIKH MOIN BELDAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr. Aditya Lokhande h/f Mr. A. G. Kale, Advocate for the Appellants Mr. S. S. Dande, APP for Respondent Nos. 1 and 2 - State ....

CORAM : Y. G. KHOBRAGADE, J.

DATE : February 03, 2026 PER COURT :- 1.

The appellants are permitted to correct the name of police station in respondent No.1. Amendment be carried out forthwith.

2.

Heard the learned counsel for the appellants, at length.

3.

By the present appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the appellants take exception to the order dated

(( 2 )) 909-Cri-Apeal-63-2026 08.01.2026, passed by the learned Additional Sessions Judge, Hingoli, in Criminal Bail Application No.567 of 2025, thereby declined to enlarge the present appellants on anticipatory bail in Crime No.0574 of 2025, registered with Hingoli Rural Police Station, for the offence punishable under Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 along with Sections 115(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

4.

On perusal of the F.I.R. dated 17.10.2025, it appears about occurrence of incident of abusement on the caste to respondent No.2 / informant, occurred in the field and the said F.I.R. does not appears that the said incident was occurred within the public view, therefore, it appears that the appellants have made out substantial grounds to enlarge them on ad-interim anticipatory bail, till the next date. In view of above, I proceed to pass the following order:-

O R D E R

(i) Issue notice to the respondents, returnable on 24.02.2026.

(ii) The learned APP waives service of notice on behalf of respondent Nos. 1 and 2.

(( 3 )) 909-Cri-Apeal-63-2026 (iii) The Investigating Officer shall ensure to serve respondent No.3.

(iv) In the meantime, in the event of arrest, the appellants / accused shall be released on ad-interim anticipatory bail on execution of P. R. Bond of Rs.25,000/- each with two solvent sureties of the like amount each, in connection with Crime No.0574 of 2025, registered with Hingoli Rural Police Station, for the offence punishable under Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 along with Sections 115(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

(v) The appellants shall not induce, threat or pressurize to the prosecution witnesses.

(vi) The appellants shall not commit similar offence in future and co-operate the Investigating Officer.

(vii) The appellants are directed to appear before the concerned Police Station on every Sunday between 09.00 to 11.00 a.m. till completion of investigation. (viii) The appellants are directed not to leave territorial jurisdiction of Hingoli Taluka till completion of investigation, without prior permission.

[ Y. G. KHOBRAGADE, J. ] SMS